Circuit Bench Nagpur

StateCommission

MA/332/07

L.I.C. OF INDIA - Complainant(s)

Versus

ABDUL NABI - Opp.Party(s)

ADV. MRS. ROHILLA

07 Jul 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
First Appeal No. MA/332/07
(Arisen out of Order Dated 17/01/2007 in Case No. A/98/1195 of District )
 
1. L.I.C. OF INDIA
Through its Branch Manager, Main Road,Wardha
...........Appellant(s)
Versus
1. ABDUL NABI
R/o Burad Mohalla, Itwara, Wardha
2. Post & Telegraphs Department
Through Post Master, Main Post Office
Wardha
...........Respondent(s)
 
BEFORE: 
  HON'BLE P.N.KASHALKAR PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
  HON'BLE N. ARUMUGAM MEMBER
 
PRESENT:
Adv.Mrs.A Rohilla
 ......for the Appellant
 
None
 ......for the Respondent
ORDER

Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

 

       Heard Adv. Smt A Rohilla for applicant, who has filed this application for restoration of appeal No.A/98/1195 which was decided by this Circuit Bench on 17.01.2007 by passing a 5 pages order and it was not dismissed in default.  It has been decided on merits.  Counsel for the appellant has already enclosed the judgement delivered by this Commission on 17.01.2007 dismissing the appeal on merits.  When this is the position, we are unable to understand that why the Ld. Counsel did not file Revision Petition before the Hon’ble National Commission against the said order, which was the only course open for the counsel for appellant.  We have no power to restore the appeal No. A/98/1195 dismissed on merits. We dismiss this Misc. Application as it is not sustainable in law.

 

ORDER

 

1.   MA/07/332 is dismissed.

2.   Copy of this order be supplied to the parties free of cost.

 

      Pronounced on 07.07.2011.

 

 
 
[ HON'BLE P.N.KASHALKAR]
PRESIDING MEMBER
 
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER
 
[ HON'BLE N. ARUMUGAM]
MEMBER

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