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Meaning:It is an order passed by the court during the trial where the final order is yet to be passed. Such order is of temporary nature and the party to whom it orders are bound to act according to that order till the final order is passed. An interim order is a temporary order given by a court in a pending case. An interim order is binding upon the parties and continues to remain in force either till it is set aside or till the case is finally decided by the court, whichever is earlier. For example, in a property dispute, upon an application being made by one of the parties, the court may pass an order directing a party not to damage the disputed property till the case is finally decided. The District forums across india are not in a position to dispose the cases due to various reasons such as inadequate infrastructure, non appointment of forum members/ chairman etc. The main objective of consumer protection act to provide for better protection of the interest of consumers and for that purpose to make provisions for establishment of consumer councils to speedy disposal of consumers disputes. If the delay in settling disputes, it is important to pass interim order so that temporary relief can be given to aggreived party. The interim order will also be issued to case to case basis and wherever it is necessary. Prior to Consumer Protection (Amendment) Act, 2002 no such interim order to be issued by District forums A Provision by way of Sub -Section (3B) has been inserted in Section 13 of Consumer Protection Act 1986 which specifically provides for the issue of interim order . According to this provision, where during the pendency of any proceeding before the District Forum, if it appears necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case. Section 13 Procedure on admission of compliant: Sub Section (3B) when during the pendency of any proceeding before the District Forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case" |
| "CS. Dattatri"
<datta...@gmail.com>
Sent by: csmy...@googlegroups.com 12/18/2008 11:54 AM
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