For Satish Kakri | : | Mr. Jamshed Ansari, Advocate Mr. Varun D. Ghadage, son of Appellant | For M/s. Continental Carriers Ltd. | : | Mr. Shalabh Singhal, Advocate | For Iran Airlines | : | Mr. Javed Akhtar, Advocate |
Dated: 07.03.2019 JUDGMENT JUSTICE V.K.JAIN, (ORAL) I.A. No. 7341 of 2017 in First Appeal No. 568 of 2014 This application has been filed by the appellant, seeking permission to place some additional documents on record. The documents sought to be filed by the appellant comprise (i) a forwarding letter dated 05.03.1998 addressed to Continental Carrier Ltd., (ii) the invoice dated 03.03.1998, (iii) GR form and (iv) packing list. The said documents were not filed before the State Commission. The documents are taken on record, subject to payment of Rs. 25,000/- as costs to the respondents. The respondents are also permitted to file additional documents before the State Commission in order to rebut the additional documents allowed to be filed by the appellant. The application stands disposed of. First Appeals No. 568/2014, 1453/2014 and 1094/2014 2 Since the additional documents filed by the complainant have been taken on record with liberty to the opposite parties in the complaint to file additional documents before the State Commission to rebut the additional documents filed by the complainant, it becomes imperative to remit the matter back to the State Commission to decide the same afresh after considering the additional documents filed by the complainant as well as the additional documents which the opposite parties may file in order to rebut those documents. The impugned order is, therefore set aside and the matter is remitted back to the State Commission to decide the same afresh in the light of the additional documents filed by the complainant as well as the additional documents, if any, which may be filed by the opposite parties within four weeks from today in order to rebut the additional documents, allowed to be filed by the complainant. Considering the age of the case, the State Commission is directed to decide the matter afresh in terms of this order within six months from the parties appearing before it. The cost by M/s. Continental Carriers Ltd. in terms of the last order has been paid. The cost by Iran Airlines has not been paid. That cost shall be adjusted against the cost imposed today upon the complainant by Iran Airlines paying half of the said cost to M/s. Continental Carriers Ltd. 3. The parties to appear before the State Commission on 13.05.2019. The appeals stand disposed of. |
