04 August 2008
Supreme Court
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JASON LINKS(INDIA) PVT.LTD. Vs STATE BANK OF INDIA

Bench: B.N. AGRAWAL,G.S. SINGHVI, , ,
Case number: C.A. No.-004801-004801 / 2008
Diary number: 22521 / 2006
Advocates: Vs ARVIND MINOCHA


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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4801 OF 2008 (Arising out of S.L.P. (C) No.19835 of 2006)

Jason Links (India) Pvt. Ltd.        ...Appellant(s)

Versus

State Bank of India & Anr.       ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

Leave granted.

The State Consumer Disputes Redressal Commission [for short, “the State

Commission”] allowed the complaint and awarded compensation against which order

both the parties filed appeals.  The complainant filed First Appeal No.111 of 2006 for

enhancement of  compensation;  whereas  the respondent-Bank filed  another  appeal

giving rise to First Appeal No.145 of 2006 challenging the order passed by the State

Commission against it.  Curiously enough, the National Consumer Disputes Redressal

Commission [for short, “the National Commission”], instead of disposing of both the

appeals, which were filed against  the  common  order,  dismissed the  appeal filed by

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the complainant; whereas the appeal filed by the Bank has been admitted and still

pending.  In our view, it will be just and expedient to set aside the impugned order

and remit the matter for hearing both the appeals together.

Accordingly, the appeal is allowed,  impugned order is set aside and the

appeal  is  remitted  to  the  National  Commission.   Upon  remand,  the  National

Commission shall  hear both the appeals  together and decide the same after giving

opportunity of hearing to both the parties.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, August 04, 2008.