BALDEV SINGH BAHU AND ORS Vs. SHEEN AGRO AND PLANTATION LIMITED AND ORS
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Baldev Singh Bahu And Ors
Sheen Agro And Plantation Limited And Ors
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(1.) BY this common order, we intend to dispose of Revision Petition Nos.18/2009 to 27/2009 as common questions of law and fact are involved in all these cases.
(2.) FOR disposal of all these cases while summoning the record of Execution Files, record of complaint cases was also summoned. This record has been examined by us with the assistance of learned counsel for the parties today in Court. What emerges from complaint and execution files in each case is, that M/s Sheen Agro and Plantation Limited, through its Managing Director, Registered Head Office 243 -Sheen Bhawan, Canal Road, Jammu ( J and K) (hereinafter referred to as the company), is a company duly incorporated under Jammu and Kashmir Companies Act. Amongst at other places it was having one of its branches at, Post Office Palampur, in the State of Himachal Pradesh.
(3.) IT was accepting recurring deposits from depositors like respondent No.1/complainant in each revision. Learned counsel for the parties submitted that all these cases pertain to deposits made by the complainants at Palampur branch of the company. When those were not repaid alongwith accrued benefit, complaints were filed as per Mr. Manohar Lal Sharma, learned counsel appearing for all the depositors in these revision petitions. These complaints were allowed ex -parte by District Forum below. Thereafter execution petitions were filed. Record of execution files indicate that recovery proceedings were initiated by District Forum below, through District Collector, Jammu.
In this background, coercive steps were initiated according to learned counsel for the petitioner, by the Collector, Jammu pursuant to action of District Forum Kangra, at Dharamshala while executing its orders passed in the complaints. Shri Baldev Bahu petitioner in these revision petitions filed applications in all the executions for staying the operation of recovery warrants. When these came up before District Forum below, vide order dated 26.10.2009, those were dismissed. Hence these Revision Petitions.;
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