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2025 DIGILAW 58 (SC)

Yogesh S. Patki v. Prince Cuisines Pvt. Ltd.

2025-01-03

PRASANNA B.VARALE, VIKRAM NATH

body2025
ORDER Leave granted. 2. Respondent is represented through counsel on caveat. Heard learned counsel for the parties. 3. The present appeal has been preferred against the order dated 11th July, 2024 passed by the National Consumer Disputes Redressal Commission [NCDRC], New Delhi allowing the Revision Petition No. 1775 of 2024. 4. 4. The short point raised is that the NCDRC has virtually allowed the revision filed by the respondent without issuing notice to the appellant and has directed that there would be a stay operating till the disposal of the stay application in pending appeal before the State Commission is finally decided by it. 5. NCDRC may have been justified in passing the said order but nevertheless it ought to have afforded an opportunity of hearing to the respondent (before the NCDRC) and appellant (herein). 6. In that view of the matter, we set aside the order passed by the NCDRC and restore the Revision Petiton No. 1775 of 2024 to its original number to be heard and decided on merits after affording due and fair opportunity of hearing to the parties concerned. 7. For the sake of convenience of the parties and for the NCDRC, we fix 29th January, 2025 as the date before the NCDRC. On the said date both the parties shall appear before it. It would be open for the NCDRC to issue appropriate interim orders or to decide the case finally on that date. 8. The appeal is allowed as above. 9. Pending application(s), if any, shall stand disposed of.