M B INDUSTRIES Vs. SUSHIL BHATAR

JUDGEMENT

(1.) THIS Misc. Transfer Application No. 339/09 has been filed by the petitioner -OP with a prayer that the appeal No. 137/09 registered at Circuit Bench, Jodhpur which was filed by the petitioner op against the order dated 6.5.2008 passed by the District Forum, Jodhpur in Complaint No. 544/05 be withdrawn from Circuit Bench, Jodhpur and be transferred to the State Commission at Jaipur.

(2.) IT arises in the following circumstances: That a complaint was filed by the non -petitioners complainants against the petitioner -op before the District Forum, Jodhpur bearing complaint No. 544/05 and that complaint was dismissed by the District Forum, Jodhpur through order dated 8.1.2007 inter alia holding that since the questions involved in the complaint were of complicated in nature, therefore, they could not be decided in summary proceedings and could be decided only by the Civil Court. Against that order dated 8.1.2007 the complainants non -petitioners had filed an appeal bearing No. 15/07 before the Circuit Bench, Jodhpur, Rajasthan and that appeal was decided by the Learned Circuit Bench, Jodhpur through judgement dated 5.9.2007 by which the appeal filed by the non -petitioners complainants was allowed and the impugned order dated 8.1.2007 passed by the District Forum, Jodhpur was quashed and set aside and the case was remanded back to the District Forum, Jodhpur to decide the complaint afresh on merits in accordance with law. Further after remanding the matter to the District Forum, Jodhpur by the Circuit Bench, Jodhpur, the District Forum, Jodhpur had again decided the Complaint No. 544/05 through order dated 8.5.2008 and the complaint filed by the non -petitioners complainants was allowed against the petitioner -OP.

(3.) AGGRIEVED from the order dated 8.5.2008 passed by the District Forum, Jodhpur, the petitioner -op had filed an appeal before this Commission in place of Circuit Bench, Jodhpur and that appeal was registered as Appeal No. 1500/08 and through order dated 3.7.2009 notices were issued on that appeal and parties were directed to appear before the Circuit Bench, Jodhpur on 6.8.09 as the matter was within the jurisdiction of the Circuit Bench, Jodhpur. Thereafter the Appeal No. 1500/08 which was registered in the State Commission, Jaipur was sent back to the Circuit Bench, Jodhpur where it was registered as Appeal No. 137/09 and parties had appeared there.