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AKHTAR HUSAIN
NIHARIKA AUTO MOBILES – Appellant
Versus
MUSSAIB HUSSAIN – Respondent


Advocates Appeared:
Mr. Ram Babu Srivastava, Advocate, for the Appellant; None, for the Respondent

ORDER

Akhtar Husain Khan, President - Heard learned Counsel for the appellant and perused order dated 12-07-2017 passed by District Consumer Forum, Jaunpur in Misc. Case No. 30/2015 Mussaib Hussain v. Manager Bajaj M/s. Niharika Automobiles whereby the District Consumer Forum has rejected objection filed by appellant and has passed order to issue NBW against appellant.

2. It is contended by learned Counsel for the appellant that present Misc. case has been registered for execution of judgment and order dated 29-12-2014 passed by the District Consumer Forum, Jaunpur in Complaint Case No. 182/2014 Manager Bajaj M/s. Niharika Automobiles.

3. It is further contended by learned Counsel for the appellant that the said judgment and order dated 29-12-2014 passed by the District Consumer Forum, Jaunpur is an ex parte order and has been obtained by fraud. As such appellant has moved objection before District Consumer Forum in execution proceeding. The District Consumer Forum has rejected objection of appellant without going through merits.

4. Learned Counsel for the appellant has referred judgment of Hon'ble Apex Court rendered in the case of S. P. Chengalvaraya Naidu (Dead) by LRs. v. Jagann

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