Case nº Revision Petition No. 1969/ 1970 Of 2012, (Against the Order dated 29/04/2011 in Appeal No. 150/2011 of the State Commission Maharastra) of NCDRC Cases, October 03, 2012 (case 1. Dr. Mrs. Alka Shashank Kulkarni 2. Dr. Shashank R. Kulkarni Vs 1. Sanjay Murlidhar Chaudhari and Anr. 2. Mrs Rekha S. Chaudhari,)
Judge | For Appellant: Mr. Atul Babasaheb Dakh, Advocate In both the RPs and For Respondents: Mr.Pritesh N. Jain, Advocate In both the RPs |
President | Mr. J.M. Malik, Presiding Member and Mr. Vinay Kumar, Member |
Resolution Date | October 03, 2012 |
Issuing Organization | NCDRC Cases |
Order:
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Counsel for the parties present. The above-detailed cases were dismissed in default by the State Commission vide its order dated 29.04.2011 by passing the same order in both the cases, which is reproduced as follows:-
None for Appellant. None for the Respondent. The adjournment was granted for the Respondent on payment of cost. It appears that the Appellant is not interested in pursuing the Appeal. Appeal is dismissed in default.
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There is delay in filing these revision petitions of 293 days. Counsel for the petitioners in both the revision petitions submits that after dismissal of the appeal in default he had moved applications for restoration before the State Commission without knowing that the Apex Court had ordered that such like restoration applications do not lie with the State Commission. The said restoration applications remained pending before the State Commission from 07.06.2011 to 10.02.2012. The State Commission took 10 months in deciding the said application.
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Counsel for the respondents in both the revision petitions has no objection if the case is restored subject to payment of heavy costs.
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In the interest of justice, we accept both the revision petitions and restore the cases before the State Commission subject to...
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