B.B. Vagyani, President—By this revision petition, correctness of the order dated 7.8.2007 passed by District Consumer Forum Kolhapur is challenged by the Liquidator of Bhudargad Nagari Pat Sanstha Maryadit. The District Consumer Forum directed the Saraswat Co-op. Bank, Branch Dahisar, Mumbai to transmit a sum of Rs.15 Lakhs to the District Consumer Forum belonging to the Bhudargad Nagari Pat Sanstha Maryadit.

2. We heard Mr. J.U. Kothari, Advocate for the petitioner and Mr. G.B. Pawar, Advocate for the respondents/org. complainants.

3. Depositors did not get the deposit amount after maturity period. Number of Civil and Criminal complaints are lodged against the Directors of Bhudargad Nagari Pat Sanstha Maryadit, Gargoti, Kolhapur. Some of the persons also approached the Hon’ble Bombay High Court. During the course of arguments, reference is made to the directions of the Hon’ble Bombay High Court. The Learned Advocate Mr. Pawar read out the news item published in the Daily Sakal, Kolhapur Edition dated 29.2.2008, wherein there is reference of directions issued by the Hon’ble Bombay High Court to the Department of Co-operation. The Hon’ble Bombay High Court directed the Co-operation Department to take action against the persons, who have committed misappropriation to the extent of Rs.43 Crores. We asked the Learned Advocate Mr. Pawar to place on record text of the order passed by the Hon’ble Bombay High Court. But, he expressed his inability to place on record copy of the order of the Hon’ble Bombay High Court. But, fact is admitted by both the sides that the matter is pending in the Hon’ble Bombay High Court. We are also told by the Learned Advocate Mr. Kothari that the Hon’ble Bombay High Court has appointed Justice Mr. Kochar in this behalf, who has issued certain directions in the matter of refund of deposit amount in phases. In the absence of copy of the order of Hon’ble High Court, we are unable to come to a proper conclusion with regard to directions issued by the Hon’ble Bombay High Court.

4. Some of the depositors approached the District Consumer Forum Kolhapur. The award passed by the District Consumer Forum is challenged by the Directors of the Bhudargad Nagari Pat Sanstha Maryadit. The State Commission by order dated 4.11.2004 dismissed the Appeal Nos.1197 & 1546/2003. Thereafter, execution applications are filed. The Forum below directed the Saraswat Co-operative Bank to transmit sum of Rs.15 Lakhs belonging to the Bhudargad Nagari Pat Sanstha Maryadit to the District Consumer Forum for disbursement of the amount amongst the decree holders.

5. The Learned Advocate Mr. Kothari, who represents Liquidator, submitted that the District Consumer Forum can not pass garnishee order in the absence of any specific provision in Consumer Protection Act, 1986. Only few provisions of Code of Civil Procedure are incorporated in Consumer Protection Act, 1986. Provision with regard to garnishee is not specifically incorporated in the Consumer Protection Act, 1986.

6. Prima facie, no debt is payable by the Saraswant Co-op. Bank to the Bhudargad Nagari Pat Sanstha Maryadit. There should be an application supported by an affidavit giving details of debt payable by the Saraswat Co-op. Bank to the Bhudargad Nagari Pat Sanstha Maryadit. Moreover, Order 21 Rule 46A of Code of Civil Procedure requires notice to be given to garnishee. No such procedure is followed by the District Consumer Forum.

7. In response to the directions of the District Consumer Forum, amount is already sent to the District Consumer Forum. Under the circumstance, we are not inclined to examine the issue with regard to garnishee. The Learned Advocate Mr. Kothari argued that larger interest of all the depositors should be kept in view and the amount already transmitted to the District Consumer Forum should be distributed amongst all the depositors including depositors who have not gone to the Court of Law. The Learned Advocate Mr. Pawar however, raised strong obj