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Manu Solanki And Others Petitioner(s) v. Vinayaka Mission University And Others (s).
Factual and Procedural Background
This opinion is a brief procedural order in an appellate matter. The Court first condoned the delay in filing the appeal. It then noted that there are divergent views within the Court on whether an educational institution or University is subject to the provisions of the Consumer Protection Act, 1986, and on that basis determined that the appeal requires admission. The appeal was admitted. The Court recorded counsel’s statement that a counter affidavit would be filed within six weeks and dispensed with service on the second proforma respondent.
Legal Issues Presented
- Whether an educational institution or University would be subject to the provisions of the Consumer Protection Act, 1986.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court’s analysis is limited and procedural:
-Delay Condonation: The Court condoned the delay in filing the appeal without elaborating on reasons.
-Admission of Appeal: The Court observed that there are divergent views within the Court regarding the applicability of the Consumer Protection Act, 1986 to educational institutions and Universities. Because of these conflicting views, the Court concluded that the matter warrants consideration on the merits and therefore admitted the appeal.
-Case Management Directions: The Court noted counsel’s statement that a counter affidavit would be filed within six weeks and dispensed with service on the second proforma respondent.
Holding and Implications
DELAY CONDONED; APPEAL ADMITTED. The Court also directed that a counter affidavit be filed within six weeks and DISPENSED WITH SERVICE on the second proforma respondent.
Implications: The appeal will now proceed to be heard on the substantive question concerning the applicability of the Consumer Protection Act, 1986 to educational institutions and Universities. No determination on the merits has been made at this stage, and no new legal precedent is set by this procedural order.
1. Delay condoned.
2. Since there are divergent views of this Court bearing on the subject as to whether an educational institution or University would be subject to the provisions of the Consumer Protection Act 1986, the appeal would require admission.
3. Admit.
4. Mr. Soumyajit, learned counsel appearing on behalf of the caveator, states that the counter affidavit would be filed within six weeks from today.
5. Service on the second proforma respondent is dispensed with.
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