• How to answer court when other party has gone for appeal

Am at Thane. IGNOU Delhi did not accept my application ( sent from Thane by post) to do Ph D with them, due to some problem in their internal process. I filed a case with Thane consumer forum in 2014. IGNOU did not attend any hearings. After about 5 hearings, forum gave an ex-parte order for them to give me Rs 75000 as compensation. When I sent them a summons through police Delhi, they filed an appeal with State forum Maharashtra, which has been accepted and is due on 19th of this month.
My view is that when they did not fight the case for a year and half till judgment, how can they suddenly start fighting it now?
On 19th, I'll say this in court.
Is there something else I need to do or initiate now?
Thanks
 Alok Asthana
Asked 7 years ago in Civil Law

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4 Answers

They can file appeal against the impugned order

2) file detailed reply to appeal filed

3) oppose admission

4) take plea that they were duly served yet did not appear in court inspite of 5 adjournments

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

If the case was file in the district forum, the aggrieved party has rights to prefer appeal in the appellate court.

There is no legal infirmity in IGNOU preferring appeal against the judgment before the State commission.

You can challenge their appeal in the grounds you rely upon and merits in your side.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. Yes preferring an appeal is vested right and you cannot take away that right.

2.However if it is proved that IGNOU in spite of receipt of summons did not contest the case then ex parte order will remain untouched.

3.So establish the case of negligence of IGNOU in state commission so appealis dismsised.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Since it was an ex parte order they have now seemingly moved the State Forum to set it aside and direct the district forum to hear the matter afresh and decide it on merits. Without perusal of the petition/appeal filed it is not possible to advise. Be that as it may, once you get the summons from the State Forum then contest it on merits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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