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MUKUL MUDGAL, J.P.SINGH
National Research Development Corporation – Appellant
Versus
National Consumer Disputes Redressal Commission – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. A.K. Matta, Senior Advocate with Mr. Joydeep Sharma, Advocate.
For the Respondents:Mr. K.K. Dhawan, Advocate.

ORDER

Mukul Mudgal, J.— This writ petition challenges the order dated 19th July, 2006 passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as the Commission) in Original Petition No. 34 of 1994. A complaint was filed by the respondent M/s Rohit Chemicals and Allied Industries (Pvt.) Ltd and a claim of Rs.82,25,722.42 with interest was raised against the petitioner National Research and Development Corporation. The matter was referred to arbitration due to the then prevailing practice of the Commission of referring the disputes to an Arbitrator. Justice M.S. Gujral who was the arbitrator could not complete the arbitration due to his deteriorating health.

2. The Hon’ble Supreme Court in fact had an occasion to decry the practice of the Commission in appointing arbitrators in pending disputes, in Skypak Couriers Ltd. v. Tata Chemicals Ltd.1 and Neeraj Munjal and Ors. v. Atul Grover.2 In Neeraj Munjal’s case while referring to Skypak Couriers’ case, the Hon’ble Supreme Court held as follows:

5. Section 22 of the Consumer Protection Act provides that the Commission shall have the powers of a Court. These powers would include the power to call for documen














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