Circuit Bench Nagpur

StateCommission

A/00/553

Assistant Engineeer, M.S.E.B. - Complainant(s)

Versus

Dayaram Pundlik Padhen - Opp.Party(s)

Dhingole

01 Apr 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. A/00/553
(Arisen out of Order Dated 04/06/1999 in Case No. CC/98/376 of District )
 
1. Assistant Engineeer, M.S.E.B.
Darwha Dist Yavatmal
...........Appellant(s)
Versus
1. Dayaram Pundlik Padhen
Mamkopara Tq. Darwha Dist. Yavatmal
...........Respondent(s)
 
BEFORE: 
  HON'BLE P.N.KASHALKAR PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
 
PRESENT:
 
ORDER

None is present for the appellant as well as for the Respondent. Appeal is pending since the year 2000. We are finding that in filing this appeal, there is a delay. The judgment of District Forum, Yavatmal in CC No.376/98 decided on 4/6/1999 has been challenged in this appeal on 9/3/2000. While filing appeal, an application U/s 5 of the Limitation Act has been filed. However, in the application, it is not even mentioned as to when the copy of the award was received by the appellant. The sentence in the application reads as under, “ Copy of the award received by the appellant on _____ July,1999. So, no date is mentioned on which day in the month of July, the appellant received copy of the impugned award. It is also not mentioned in the condonation of delay application as to how many days delay is there. Further, some vague reasons have been given to justify the delay caused in filing appeal. We are not satisfied with the cause mentioned in para 1 & 2 of the application. In these circumstances, such faulty application seeking condonation of delay, can not be allowed and as such, said application stands rejected. Consequently, appeal does not survive for consideration.

            Inform the parties accordingly.

 

 

Delivered on 01/04/2011.

 

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

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