IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.835 OF 2009 (Arising out of S.L.P. (C) No.2599 of 2008)

Shiv Sai Construction     ...Appellant(s)

Versus

M/s. Libord Infotech Ltd.     ...Respondent(s)

With Civil Appeal No.836 of 2009 @ S.L.P. (C) No.2863/2008 and  Civil Appeal No.837 of 2009 @ S.L.P. (C) No.3012/2008

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

By  the  impugned  order,  the  National  Consumer  Disputes  Redressal

Commission [for short, ‘the National Commission’] dismissed the appeals filed by the

appellant against the temporary injunction granted by Consumer Disputes Redressal

Commission,  Maharashtra  [for  short,  ‘the  State  Commission’]  in  Miscellaneous

Petitions No. 2561,2562 and 2564 of 2003 in Consumer Complaints No. 30,31 and 33

of 2001.

In the petitions for special leave it has been averred that the appeals were

fixed  on  16th November,  2007  only  for  directions  and  not  for  final  disposal  and

without hearing the appellant, the National Commission dismissed the appeals and

directed the State Commission to dispose of the complaints.  In the Counter Affidavits

filed on behalf of the respondent this assertion has not been denied.  This being the

position, the impugned order is liable to be set aside.

...2/-

- 2 -  

Accordingly, the appeals are allowed, impugned order is set aside and the

matters  are  remitted  to  the  National  Commission  for  disposal  of  the  appeals  in

accordance with law after giving opportunity of hearing to the parties.

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

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

New Delhi, February 09, 2009.