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2009 Supreme(Kar) 353

K.N.KESHAVANARAYANA, D V SHYLENDRA KUMAR
Ajjappa Venkappa Shelwadi – Appellant
Versus
Manager Syndicate Bank – Respondent


Advocates appeared:
For the Petitioners:G.R. Andanimath, Advocate.
For the Respondents: No Appearance.

Judgment :-

1. We find the office is really without any substance or tenability as pointed out by the learned Counsel appearing for writ petitioners, therefore, we have taken up the writ petition itself for preliminary hearing.

2. We have heard Sri.G.R. Andanimath, learned Counsel appearing for the petitioners.

3. Sri. Andanimath, learned Counsel appearing for the petitioners would submit that the order passed by the State Commission dismissing the appeal is a very laconic order that it does not spell out any reason nor as it dealt with the various contentions raised by the petitioners before the State Commission, particularly the legal contentions such as the principles of res-judicata, which is a principle statutorily incorporated in Section 11 of the Code of Civil Procedure, is not applicable to the proceedings before the forum under the Consumer Protection Act, 1986 and therefore, the District Forum was not justified in dismissing the complaint No.585/07 before it. Further, that the appeal to the State Commission was also dismissed without going into the merits and not even adverting to the contentions raised in the appeal and therefore, the order is bad in law and also submitte


















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