NCDRC

NCDRC

RP/4604/2010

INDIAN BANK - Complainant(s)

Versus

DR. F.V. ALBIN & ORS. - Opp.Party(s)

MR. GAUTAM AWASTHI

27 Jan 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4604 OF 2010
 
(Against the Order dated 07/09/2010 in Appeal No. 448/2010 of the State Commission Kerala)
1. INDIAN BANK
Through its A.G.M., Main Road
Kollam
Kerala
...........Petitioner(s)
Versus 
1. DR. F.V. ALBIN & ORS.
Residing at Melayil Mathilil, P.O. Thrikkadavoor Village
Kollam
Kerala
2. F.C. BLAZIE, PARTNER, MELAYIL INDUSTRIAL AND COMMERCIAL ENTERPRISES KOLLAM
Residing at Mundil Mathilil, P.O., Thrikkadavoor Village
Kollam
Kerala
3. F.V. GEORGE
Residing at Eizlab, Thevally
Kollam
Kerala
4. DR. BASIL VARKEY, PARTNER, MELAYIL INDUSTRIAL AND COMMERCIAL ENTERPRISES KOLLAM
Residing at Eizlab, Thevally
Kollam
Kerala
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Nikhil Jain and Mr.Gautam
Awasthi, Advocates
For the Respondent :
Mr.Harshad V. Hameed and Mr.Dileep
Poolakkot, Advocates

Dated : 27 Jan 2012
ORDER

        While setting aside the order of the fora below, in the last para of the order dated 21.9.2011, instead of allowing the revision petition, due to typographical error, it has been mentioned that “revision petition is dismissed”.  Counsel for the petitioner has filed the present application to carry out the necessary correction.

        While allowing the application, it is directed that the last para of the order be now read as “In the present case, the complaint filed by the respondents was clearly and hopelessly barred by limitation.  The same cannot be entertained.  For the reasons stated above, revision petition is allowed.  Orders passed by the foras below are set aside and the complaint is accordingly dismissed”.

         Misc.Application stands disposed of accordingly.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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