NCDRC

NCDRC

RP/1920/2009

GENERAL MANAGER, DISTRICT COOPERATIVE CENTRAL BANK - Complainant(s)

Versus

ELURI DHANAMMA & ORS. - Opp.Party(s)

MR. ANANGA BHATTACGARYA

19 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1920 OF 2009
(Against the Order dated 20/03/2009 in Appeal No. 543/2006 of the State Commission Andhra Pradesh)
1. GENERAL MANAGER, DISTRICT COOPERATIVE CENTRAL BANKDistrict Corporative Central Bank. Karmmam ...........Petitioner(s)
Versus
1. ELURI DHANAMMA & ORS.W/o. Late Bhaskar Rao. all R/o. Mootapuram village. nelakondapally M Khammam 2. ELLURI HARIKRISHNA KUMARR/o Mootapuram Village, Nelakondapaily (M) Khammam Distt.3. ELURI GOPALAMR/o Mootapuram Village, Nelakondapaily (M)Khammam Distt. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :MR. ANANGA BHATTACGARYA
For the Respondent :NEMO

Dated : 19 Jul 2010
ORDER

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Heard counsel for the petitioner. The respondent has sent written arguments. The revision is directed against the order dated 20.03.2009 whereby the appeal filed by the appellant, namely, the present petitioner was dismissed in default for non-prosecution. Learned counsel for the petitioner tried to explain that the non-appearance was on account of death of the previous counsel and inadvertence of the subsequent counsel who was appointed but he did not file the Vakalatnama and even his clerk had also expired in the meantime. Though we are not very much satisfied with the explanation furnished for non-prosecution yet in the interest of justice, we are remanding this matter for hearing the appeal on merit subject to payment of cost of Rs.10,000/- by the present petitioner to the respondents. Besides this, we also direct that the petitioner shall deposit the entire amount including interest and cost before the State Commission and it is only after payment of cost of Rs.10,000/- to the respondents and the entire amount is deposited with the State Commission that the State Commission shall hear the present petitioner and respondent on merits. The revision stands disposed of in the aforesaid terms.



......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER