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MALIK SHARIEF-UD-DIN, RAMESHWAR SINGH
JANAK MEHTA – Appellant
Versus
ALLAHABAD BANK – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. Parveen Kapai, Advocate.
For the Respondent:Mr. R.K. Talwar, Advocate.

ORDER

Mr. Justice Malik Sharief-ud-Din, President—This appeal is directed against an order dated 31.1.95 passed by the President, Divisional Forum. By this order the Forum on an application presented by the respondent has set aside the ex-parte order pass by it. The order was passed in exercise of its inherent powers. Earlier the ex-parte order was passed on 18.3.94 after the respondent failed to appear despite the registered notice. The case of the respondent was that he was never served and the District Forum also came to the conclusion that in the absence of any receipt or A.D., the respondent had taken the correct stand.

2. After hearing the Counsel two main questions arise for re-consideration namely :

(1) Whether the Divisional Forum has any inherent jurisdiction and whether it could set aside the ex-parte order ?

(2) Whether the order passed by the President singally is an order in the eyes of the law or not ?

3. Let us first take up the question No. 1. The J & K State Consumer Protection Act is a new experiment at a new procedure providing for speedy, inexpensive and informal redressal to the grievances. It is restricted to a particular class of people and the grievances that





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