NATVAR PARIKH INDUSTRIES LTD Vs. SALEEM GARMENTS

JUDGEMENT

(1.) -In this case, it is not disputed before us that the matter was heard ex parte and the State Commission was not conscious of the provisions of the Multimodel Transportation of Goods Act, 1993 which were not adverted to or going into.

(2.) Thus, provisions particularly Sections 24 to 26 have a direct bearing on the outcome of the controversy before the Court. Apart from that Section 29 of that Act provides as under: 29. Act to override other enactments-

(3.) In this view of the matter, it will be proper to remand this case to enable the State Commission to examine the position afresh in the light of provisions of aforesaid Act. The State Commission will decide the case afresh after giving both the parties an opportunity to place their case before it and keeping in view the provisions of the aforesaid Act. In the light of above, the impugned order is set aside. The case is remanded and the parties shall appear before the State Commission for further directions on 26.4.2002. Appeal disposed of.