Dharmendra Wanjari Partner Of M/S Sankalp Developers v. Anita Rambhau Kapse

2024:BHC-NAG:12167-DB 1 9wp884.2024..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 884 OF 2024 Dharmendra Wanjari, Partner of M/s. Sankalp Developers R/o. Sambodhi Colony, Maitreya Buddha Maidan, Line No. 4717 to 31, A-2122 Vithoba Dant Manjan Co. Vaishali Nagar, Nagpur ...... PETITIONER ...V E R S U S...

1. Anita Rambhau Kapse, Aged 37 yrs, Occ. Housewife, R/o. Plot No. 3, Sanman Nagar, Hudkeshwar, Nagpur

2. State Consumer Disputes Redressal Commission, Nagpur Office at Administrative Building No.1 5th Floor Nagpur 440 001 .....RESPONDENTS --------------------------------------------------------------------------------------------- Mr. A.D. Bhate, Advocate for applicant.

--------------------------------------------------------------------------------------- CORAM:- VINAY JOSHI & ABHAY J. MANTRI, JJ.

DATE : 24.10.2024 JUDGMENT (Per : Vinay Joshi, J.) Heard.

2.

On oral request, the petitioner is permitted to add State Consumer Disputes Redressal Commission, Nagpur as party respondent. 3.

The petitioner has been convicted by the District Consumer

2 9wp884.2024..odt Forum in Execution Application No. 15/2010 vide judgment and order dated 20.1.2023. Being aggrieved, the petitioner has preferred an appeal in terms of Section 27-A of the Consumer Protection Act, 1986 to the State Consumer Disputes Redressal Commission. Simultaneously, the petitioner has also filed an application seeking condonation of delay caused in filing appeal and sought suspension of execution of sentence in terms of provisions of Section 389(2) of the Criminal Procedure Code. It is petitioner's grievance that though on 30.7.2024, suspension application has been filed, it has not been decided by the State Consumer Disputes Redressal Commission.

4.

Though, respondent No. 1 - the original complainant is party to this petition, considering the nature of relief, we do not feel it necessary to hear the respondent. The matter pertains to the life and personal liberty of the individual. In the circumstances, we direct the Commission to decide the application for suspension in accordance with law within seven working days from the date of receipt of this order. The petition stands disposed of accordingly.

Learned APP shall inform the concerned authority accordingly.

(ABHAY J. MANTRI, J.) (VINAY JOSHI, J.) R. Belkhede, Personal Assistant Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 04/11/2024 11:49:01