Simran Emu Farm Thr. Proprietor Shekhar Vichare v. Sahyadri Emu Farm Thr. Its Prop. Prakash S. Sawant

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1663 OF 2026 Simran Emu Farm.

...Petitioner.

Versus

Sahyadri Emu Farm.

...Respondent.

------ Mr. Amit Sale and Ms. Sayali Mane i/b Shreyas Karajgar for the Petitioner. Ms. Vishakha Patil (appointed advocate) for the Respondent. Ms. T. J. Kapre, AGP for the Respondent-State. ------ Coram : Madhav J. Jamdar & Pravin S. Patil, JJ.

Date : May 6, 2026.

P. C. :

1.

Respondent-Mr. Prakash S. Sawant, the proprietor of Sahyadri Emu Farm who is personally present in the Court, states that an advocate be appointed to represent him in the matter. Accordingly, we appoint Advocate Ms. Vishakha Patil to represent the interest of Respondent in the matter.

2.

On 20th April 2026, while issuing notice this Court has prima facie observed that the contention of learned counsel for the Petitioner appears to be well-founded, as no reasons whatsoever have been assigned in the impugned order and therefore, the impugned order dated 6th March 2026 passed by the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No.1471 of 2025 1 of

was stayed, subject to the condition that the Petitioner shall deposit 50% of the decretal amount before the concerned District Forum on or before 30th April 2026.

3.

Mr. Sale, learned Counsel appearing for the Petitioner states that pursuant to the order dated 20th April 2026, the Petitioner has deposited 50% of the decretal amount, i.e., Rs.6,72,500/-, before the District Consumer Disputes Redressal Commission, Sindhudurg. On instructions, Mr. Sale, learned Counsel appearing for the Petitioner further submits that an additional amount of Rs.2,00,000/- will be deposited by the Petitioner in the District Consumer Disputes Redressal Commission, Sindhudurg on or before 22nd May 2026. The said statement is accepted as an undertaking given by the Petitioner to this Court.

4.

In view of the statements made by the Petitioner, Ms. Vishakha Patil, learned counsel appointed to represent the interest of the Respondent, after taking instructions from the Respondent submits that as the original consumer complaint is of the year 2013, a direction may be issued to the National Consumer Disputes Redressal Commission to dispose of the Revision Petition No. 1471 of 2025 in a time bound manner.

5.

Accordingly, by consent of the parties, we pass following order : 2 of

(i) The order dated 6th March 2026 passed by the National Consumer Disputes Redressal Commission in Revision Petition No.1471 of 2025 is modiied by directing that on deposit of 50% of the decretal amount and an additional amount of Rs.2 lakh by the Petitioner on or before 22nd May 2026, the operation of impugned order, (i.e., order dated 3rd November 2018) shall remain stayed till the disposal of Revision Petition No.1471 of 2025. (ii) The National Consumer Disputes Redressal Commission, New Delhi is requested to decide the pending Revision Petition No. 1471 of 2025 expeditiously, preferably on or before 31st December 2026.

6.

It is clariied that this Court has not considered merits of the matter and all contentions on merits are kept open. 7.

Writ petition is disposed of in above terms with no order as to costs.

8.

This Court places on record the appreciation for the able assistance rendered by Advocate Ms. Vishakha Patil, appointed to represent the interest of Respondent.

[Pravin S. Patil, J.] [Madhav J. Jamdar, J.] 3 of