Anupam Chakraborti v. Brijesh Kumar Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3241 of 2018 • Anupam Chakraborti S/o Late Ajit Chakraborty, Aged 48 Years R/o Sugandha Vihar, Rampur, Police Station Rampur, Korba, Tahsil And District - Korba, Chhattisgarh. ----(Receiver) ---- Petitioner

Versus

• Brijesh Kumar Singh S/o Late K.R. Singh Aged 45 Years R/o House No. 2/14 Central Hospital Colony, Amakherwa, Manendragarh, Tahsil - Manendragarh, District - Baikunthpur, Chhattisgarh. ----(Complainant) ---- Respondent For Petitioner Mr. Mukesh Sharma, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 3/12/2018

1. Heard.

2. The impugned order issuing warrant of arrest against the petitioner, appears to have been passed in the absence of the petitioner or his counsel.

3. Considering the nature of the order passed, it is deemed appropriate that the petitioner should be afforded an opportunity of hearing by the District Consumer Forum, Baikunthpur.

4. In the above circumstances, the impugned order is quashed.

5. It is informed that the matter is fixed before the District Consumer Forum, Baikunthpur on 13.12.2018.

6. The petitioner shall appear before the District Consumer Forum, Baikunthpur on the said date. Thereafter, the District Consumer Forum shall hear the parties and pass an order on merits on 13.12.2018 or immediately thereafter. In any case, the order on the petitioner's objection has to be passed within a period of 3 weeks from today.

7. It is made clear that this Court has not expressed any opinion on the merits of the case and the District Consumer Forum shall decide the matter, on its own merits, strictly in accordance with law without treating any observation made in this order as opinion on the merits of the case.

8. The writ petition is allowed to the extent indicated above. Sd/- (Prashant Kumar Mishra) Judge Shyna