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NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI
Hon’ble Mr. Justice V. Balakrishna Eradi, President;
Mrs. A.S. Vijayakar, Member; Dr. A.K. Ghosh, Member;
Mr. Y. Krishan, Member; Dr. Rais Ahmed, Member
M/S. DEES PISTONS (P) LTD.—Complainant
versus
STATE BANK OF INDIA & ANR.—Opp. Parties
O.P. No. 18 of 1989—Decided on 17.10.1989
Counsel for the Parties :
For the Complainant :Mr. K.P. Sundar Rao, Advocate.
For the Opp. Party :Mr. Sudhir Gupta, Advocate.
Headnote:Consumer Protection Act, 1986-Section 21- "Sub-judice" - Suit in respect of same matter pending in civil court - Whether the Commission should entertain the petitions in respect of the identical subject matter? (No)
Result: Complaint dismissed
IMPOTANT POINT
When a matter is sub-judice before a competent civil court the Commission will not entertain a petition is respect of the identical subject - matter.
Mr. Justice V. Balakrishna Eradi, President—This Petition has to fail on the short ground that a suit in respect of the same matter is pending between these parties in the District Forum, Jaipur and it is open to the Petitioner to raise in the said suit all the contentions that he has raised before this Commission. We have already held in a number of cases that when a matter is sub-judice before a competent Civil Court, this Commission will not entertain a Petition in respect of the identical subject-matter. On this limited ground, this Petition is dismissed.
Complaint dismissed.
