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J.M.MALIK, S.M.KANTIKAR
MSTC Ltd. – Appellant
Versus
Export Credit Guarantee Corporation of India Ltd. – Respondent


Counsel for the Parties:
For the Complainant in all cases :Mr. A. N. Haksar, Sr. Advocate & Mr. Debal Kumar, Sr.Advocate With Mr. Niloy Pyne, Mr. P. S. Sudheer, Ms. Jhuma Bose & Ms. Chitra, Advocates
For the Opp. Party in all cases :Mr. Pradip Sancheti, Sr. Advocate With Mr. Bharat Sangal, Mr. Sachin Chandrana Ms. Srijana Lama, Ms. I. Abenla Aier, & Ms. Saumya Agarwal, Advocates

ORDER

J.M. Malik, Presiding Member—One of the benefits of Democracy is that, one Government Department can sue another Government Department. Non-payment of court fee, attracts so many litigants to try their luck, under the Consumer Protection Act, 1986. Can this Commission, arrogate to itself, those powers, which it does not enjoy? A commission of summary jurisdiction cannot make the position explicit to the half-backed case, in absence of solid and unflappable evidence.

2. This common judgment shall decide 36 original complaints, detailed above. These complaints are between the same parties. The questions of facts and law are similar. The amounts of the gold and jewellery differ. We will decide the Case No. 224 of 2010, connected with 35 other similar matters.

3. Export Credit Guarantee Corporation of India (‘ECGC’, in short), the Opposite Party (hereinafter referred to as ‘OP’), was established by Government of India to strengthen the export promotion drive by covering the risk of exporting on credit, which provides the range of credit risk, insuring export, against loss of goods and services, including and not limited to protracted default by the foreign buyers. The complainant




































































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