Court No. - 9 Case :- WRIT - C No. - 47827 of 2010 Petitioner :- M/S Sri Nath Cold Storage Pvt. Ltd. Respondent :- District Consumer Disputes Red. Forms And Others Petitioner Counsel :- B.N. Rai,Adarsh Kumar Hon'ble Vijay Manohar Sahai,J.
Hon’ble Ran Vijai Singh,J.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner contends that Uttar Pradesh Regulation of
Cold Storage Act, 1976 is a special Act which has an overriding effect and
since there is forum provided for settlement of dispute under Section 76 of the
Act, therefore it cannot be entertained by consumer forum. Learned counsel
for the petitioner further submitted that the petitioner also referred to several
decisions in support of this contention which were not specifically dealt with.
Learned counsel for the petitioner also placed reliance on judgments of the
Apex Court in General Manager, Telecom Vs. M. Krishnan & Anr., 2009
(8) SCC 481; Bihar School Examination Board Vs. Suresh Prasad Sinha,
2009 (8) SCC 483; and Chairman, Thiruvalluvar Transport Corporation
Vs. Consumer Protection Council, 1995 (2) SCC 479.
The submission raised by the learned counsel for the petitioner needs
consideration.
Issue notice to respondents No. 1 and 2 by Registered Post. Office shall send
notices returnable at an early date. Steps be taken within a week.
List on the date fixed by the office in the notice.
Until further orders, further proceedings before respondent No. 1 shall remain
stayed.
Order Date :- 12.8.2010
AKSI