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2002 DIGILAW 1084 (SC)

LORD KRISHNA FINANCIERS v. LORD GROUP HOUSING FINANCE LIMITED

2002-09-06

DORAISWAMY RAJU, SHIVARAJ V.PATIL

body2002
ORDER 1. In the above appeal when notice was issued on 25-8-2000, the same was confined to a specific purpose which is as follows: "Issue notice to show cause why the matters should not be remanded to the National Commission. Notice will also issue on the applications for condonation of delay." 2. On 5-4-2002 this Court again made the following order: "In these cases, a limited notice was issued by this Court on 25-8-2000 stating why the matters should not be remanded back to the National Commission. Learned counsel appearing for the respondents, however, wants to argue the case. List these matters for final hearing on a Friday in the month of August 2002." 3. Heard learned counsel on either side. Delay condoned since we find the same to have been sufficiently explained. 4. The learned counsel for the respondents vehemently opposes disposal being given to this appeal on the lines proposed in the notice issued, as indicated above. It is contended that the appeal itself could not have been maintained, for want of jurisdiction, before the National Commission and that the stand of the respondents gains also sustenance and support from some of the earlier judicial pronouncements. We refrain to undertake such an a exercise in this case for the simple reason that the summary disposal of the matter given by the National Commission by its order dated 13-10-1999 of an original petition is not warranted. Sufficient reasons need to be indicated by the Commission as to why in its view the same cannot be entertained and adjudicated by it. Being an original proceeding before the National Commission it becomes really necessary to do so, the order passed being an b appealable one. Hence, we set aside the order of the National Commission at this only ground without expressing any view on the merits of the claim or contentions of either parties and as a consequence remand the proceedings to the National Commission, for being restored to its original file and dealt with in accordance with law. The appeal stands disposed of accordingly.