Orissa

StateCommission

A/364/2015

B.M., National Insurance Co. Ltd. - Complainant(s)

Versus

Anusuya Devi Periwal - Opp.Party(s)

M/s. P.K. Panda & Assoc.

23 Nov 2015

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/364/2015
( Date of Filing : 28 Jul 2015 )
(Arisen out of Order Dated 07/07/2015 in Case No. CC/03/2011 of District Mayurbhanj)
 
1. B.M., National Insurance Co. Ltd.
Branch Office , Keonjhar.
...........Appellant(s)
Versus
1. Anusuya Devi Periwal
W/O- Late Rameswarlal Periwal, W. No. 9, Karanjia, Mayurbhanj.
2. B.M., Tata Motors Ltd.
Keonjhar Branch, Keonjhar.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.N. Biswal PRESIDENT
 HON'BLE MR. G.P. Sahoo MEMBER
  Smarita Mohanty MEMBER
 
For the Appellant:M/s. P.K. Panda & Assoc., Advocate
For the Respondent: M/s. B.K. Sinha & Assoc., Advocate
Dated : 23 Nov 2015
Final Order / Judgement

      Heard learned counsel for appellant on the point of admission.

      He has challenged the order of dismissal of the misc. case filed u/o 9 Rule of CPC.

      On perusal of the impugned order it is found that the said order was passed by the District Forum on merit. Since the order was already been passed on merit, there was no question of allowing the petition u/o 9 Rule 13 of CPC. So, there is no Prima facie case in favour of the petitioner & as such, the appeal memo is rejected before admission.

 
 
[HON'BLE MR. JUSTICE R.N. Biswal]
PRESIDENT
 
[HON'BLE MR. G.P. Sahoo]
MEMBER
 
[ Smarita Mohanty]
MEMBER

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