NCDRC

NCDRC

RP/1027/2023

ICICI BANK LIMITED - Complainant(s)

Versus

BALJEET SINGH DAHIYA - Opp.Party(s)

M/S. BHALLA & BHALLA

29 Sep 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1027 OF 2023
(Against the Order dated 09/08/2021 in Appeal No. 92/2014 of the State Commission Delhi)
1. ICICI BANK LIMITED
...........Petitioner(s)
Versus 
1. BALJEET SINGH DAHIYA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,PRESIDING MEMBER

FOR THE PETITIONER :
MR. KARTIK BHALLA, ADVOCATE
FOR THE RESPONDENT :
MR. RAGHAV TYAGI, ADVOCATE

Dated : 29 September 2023
ORDER

1.       This revision petition has been filed under Section 21 (b) of the Act 1986 in challenge to the Order dated 09.08.2021 & 10.03.2023 in Appeal No. 92 of 2014 of the State Commission Delh8i arising out of Order dated 12.09.2013 of the District Commission in Complaint no. 306 of 2007.

2.       It has been submitted by learned counsel for the petitioner that the default of non-appearance which resulted in the dismissal of the appeal has been because of the tormenting pandemic of Covid-19 which had crippled the normal activities all around.  It has been further submitted that in fact the counsel who was conducting the case fell victim to it and died.  It was because of these reasons that the matter could not be pursued as it could otherwise have been in the normal circumstances.  Submission is that in such view of the matter the Commission should take a just, reasonable and indulgent view as in case the appellant does not find opportunity to pursue the appeal on merits it would be detrimental and prejudicial to the inherent rights of the petitioner and shall impede the course of justice. 

3.       Learned counsel for the respondent, on instructions, has been gracious enough not to raise any serious dispute about the facts submitted by learned counsel for the petitioner.

4.       In view of the totality of the facts and circumstances of the case it appears just and appropriate that impugned Order may be set aside and the matter be remanded back to be considered on merits after giving adequate opportunities to both the sides in the interest of justice and under these extraordinary circumstances.

5.       Both the parties are directed to appear before the State Commission on 22.11.2023.  State Commission is requested to proceed in the matter in accordance with law after providing adequate opportunity to both the sides.    

6.       The Registry is requested to send a copy each of this Order to all parties in the petition and to their learned counsel. The stenographer is requested to upload this Order on the website of this Commission immediately.                   

 
..................................................J
KARUNA NAND BAJPAYEE
PRESIDING MEMBER

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