This case record is taken up for consideration for passing order in respect of this Ma case which has been filed by the OPs of CC-87/2023 wherefrom this MA case has been cropped up and OPs have prayed for setting aside the order of ex parte hearing which is passed on 8.9.2023 by this District Commission in above noted CC case.

This matter has been contested by the OP of this MA case who is the complainant of above noted CC case.

The argument highlighted by ld. advocates of both sides has been heard in full.  Considered submission.

Perused the MA application.

After going through the material of this case record of MA-19/2024 as well as of the case record of CC-87/2023, this District Commission finds that the order of ex parte hearing of the above noted CC case has been passed on 8.9.2023 as the w/v was not filed by the OPs within statutory period of time.  It is also revealed that this MA case has been filed by the OPs of the above noted CC case on 5.3.2024 which is after five months of passing of the order of ex parte hearing.  There is no prayer on the part of the Ops for condonation of delay.  Moreover, as per decision of Hon’ble Apex Court passed in the case of “New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. “ this District Commission has no power to  accept the w/v after completion of this statutory period of time. 

Considering all the above noted factors this District Commission is of the view that the prayer of the OPs of the CC-87/2023 who is the applicant of this MA case for setting aside the ex parte order and acceptance of the w/v which has been filed alongwith the MA case, cannot be allowed.

In the result, it is accordingly,

                                                                        Ordered

That this MA case being no.19/2024 be and the same is rejected on contest.

No order is passed as to cost.