IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR.JUSTICE P. M. RAVAL
KHAIRUNNISHA IBRAHIM PASTAV/sSTATE OF GUJARAT
R/SCR.A/9701/2019
ORDER :
A.C. RAO, J.
1. The present petition has been filed by the petitioner challenging the order dated 26.09.2019 passed in CMA No.295 of 2016 passed by the Gujarat State Consumer Dispute Redressal Commission at Ahmedabad.
2. The brief facts leading to the present petition are that, the petitioner is an advocate practicing at Ahmedabad in various courts since last 15 years. The respondent No.3 is the client of the present petitioner while the respondent No.2 is the Branch Manager at ICICI Bank. The client of the petitioner qua respondent No.3 had some disputes with respondent No.2 and the dispute was carried in appeal to the National Consumer Disputes Redressal Commission, New Delhi, wherein some settlement was arrived at between the respondent Nos.2 and 3. Pursuant to their settlement, the is stated as under :
“It is stated at bar by the learned counsel for the petitioner that 50% of the award amount was deposited in terms of the order dated 28.09.2012 by the petitioner with the District Forum concerned. In view of the compromise arrived at between the parties it is directed that the aforesaid 50% amount deposited in the District National Consumer Disputes Redressal Commission, New Delhi Forum be released to the complainant/respondent with interest, if any, accrued. The balance out of Rs.5.5 Lakhs offered after subtracting the deposit amount shall be paid to the respondent/complainant on the next date of hearing.”
2.1 Pursuant to the said order, the petitioner's client (respondent No.3 herein) had filed one application through her before the Consumer Disputes Resolution Commission State of Gujarat, Ahmedabad on 05.01.2016 for withdrawal of the amount deposited by the respondent No.2 before the Commission for Rs.5,02,000/-. Pursuant to the application dated 05.01.2016 and affidavit filed on behalf of the respondent No.3 stating that, the Consumer forum had ordered to disburse the aforesaid amount to the respondent No.3. The petitioner had also produced the copy of the order, which is annexed at Annexure “C”. The said application was allowed and the amount of Rs.5,02,000/- was paid to the respondent no.3. Thereafter, the respondent No.2 had filed revision application before the National Consumer Disputes Redressal Commission being Revision Application No.3617 of 2012. The National Consumer Disputes Redressal Commission passed the following order :
“Learned counsel for the petitioner stated that in order to avoid any further complication since the parties have settled the matter for a sum of Rs.5.5 lakhs, the petitioner has brought a bank draft for a sum of Rs.5.5 lakhs in favour of the respondent/complainant, dated 22.12.2015 drawn on ICICI bank to be paid to the respondent in full and final settlement of her claim. The respondent, who is identified by Shri Ghanshyam, Advocate has accepted the draft in full and final settlement of her claim and it is stated by the respondent that the revision petition may be disposed of as fully settled.
In view of the fact that the bank draft for full and final settlement amount of Rs.5.5 lakhs have been delivered and accepted by the respondent/complainant, the revision petition is disposed of, as settled.
The amount deposited by the petitioner in the State Commission be released to her. Dasti in addition.”
2.3 Thereafter, on 23.10.2019, the respondent no.2 had moved an application against the respondent No.3 and the present petitioner and inter alia, contended that the respondent No.3 and the petitioner had fraudulently withdrawn the amount of Rs.5,02,000/- by suppressing the order of the National Commission which was modified by order dated 14.01.2016. By order dated 26.09.2019, which is under challenge, the State Consumer Redressal Commission has ordered to file a complaint against the respondent No.3 and the petitioner, before the concerned police station and recover the amount withdrawn by the respondent No.3
3. At the time of argument, Mr. Gupta, the learned advocate for the petitioner contende




Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.