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2011 DIGILAW 4853 (MAD)

Managing Director, Tamil Nadu State Transport Corporation(Salem) Ltd. v. Mangalam

2011-12-19

R.SUDHAKAR

body2011
Judgment :- 1. This Civil Revision Petition is filed challenging the award/order dated 18.3.2010 passed in C.M.P.No.52 of 2007 in C.C.No.82 of 2003 on the file of the District Consumer Disputes Redressal Forum, Salem. 2. Respondents filed Consumer case in COP No.82 of 2003 claiming certain amount on account of deficiency of service, against the revision petitioner State Transport Corporation. Ex parte award has been passed on 24.1.2007. The revision petitioner State Transport Corporation has filed C.M.P.No.52 of 2007 to set aside the ex parte award dated 24.1.2007 which came to be dismissed on contest on 18.3.2010. Challenging the same the revision petition has been filed. 3. This Court granted interim stay subject to condition that the revision petitioner deposits a sum of Rs.2,00,000/- the principal amount of award as decided by the District Consumer Disputes Redressal Forum, Salem, either before the Tamil Nadu Consumer Disputes Redressal Commission, Chennai, or before the District Consumer Disputes Redressal Forum, Salem, without prejudice to the claim of both the parties, on or before 21.3.2011. This conditional order has been complied with by depositing a sum of Rs.2,00,000/-by FDR No.08/RDNJ 965090 (D.R.No.1217401004880/1 dated 16.3.2011, drawn on Canara Bank, Salem Fort Main, Salem-1 and the same has been deposited before the District Consumer Disputes Redressal Forum, Salem on 17.3.2011. A memo was filed before this Court on 1.12.2011. 4. It is not in dispute that as against the award passed in C.C.No.82 of 2003 dated 24.1.2007, an appeal has been filed before the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai and it is pending. 5. In view of the interim conditional order passed in the revision petition, which has been complied with, the revision petition is disposed of giving liberty to pursue the appeal said to have been filed before the Tamil Nadu State Consumer Redressal Commission, Chennai. The appeal shall be taken up, if otherwise in order and disposed of without insisting of any further deposit, expeditiously preferably within a period of two months from today. The respondents are at liberty to raise all legal pleas which are available to them before the said Commission. No costs. Consequently, connected miscellaneous petition is closed.