Haryana

StateCommission

MA/161/2024

SURE SAFE MOVERS LIMITED - Complainant(s)

Versus

HIMGIRI HYUNDAI - Opp.Party(s)

SHREY GOEL

14 May 2024

ORDER

Heading1
Heading2
 
Miscellaneous Application No. MA/161/2024
( Date of Filing : 09 Apr 2024 )
In
First Appeal No. A/388/2021
 
1. SURE SAFE MOVERS LIMITED
IREO UPTOWN, E 301, SECTOR-56,
GURUGRAM
HARYANA
...........Appellant(s)
Versus
1. HIMGIRI HYUNDAI
SECTOR-34
2. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED
RIDER HOUSE, PLOT NO. 36, SECTOR -44
GURUGRAM
HARYANA
...........Respondent(s)
 
BEFORE: 
  NARESH KATYAL PRESIDING MEMBER
  MANJULA MEMBER
 
PRESENT:
 
Dated : 14 May 2024
Final Order / Judgement

Ms. Shabnam Mahajan, counsel along with Mr. Shvetanshu Goel, counsel for the appellant.

                   Mr. Rohit Goswami, counsel for Mr. Sachin Ohri, counsel for respondent No.2.

                   As per the report of registry, notice issued to the respondent No.1 not received back in any form either served or unserved.

                   This appeal was filed on 22.12.2021 and notice of this appeal was issued to respondents on 10.01.2022. Thereafter, Mr. Sachin Ohri, Advocate has appeared on behalf of respondent No.2 as it is apparent from  order dated 06.09.2023. However, there is no representation on behalf of respondent No.1 so far as in this appeal. Consistent report of office is, “notice not received back”. Faced with this situation MA. No.161 of 2024 has been filed in the registry on 09.04.2024 by learned counsel for applicant-appellant thereby seeking direction to proceed the case ex-parte against respondent No.1. Learned counsel for appellant has contended that Annexure-A2 is postal receipt vide which respondent No.1 was served through registered post. Annexure-A-3 is the track consignment, vide which said item was delivered on 10.08.2023.

                    In wake of above facts, this Commission is of view that no further attempt to serve notice upon respondent No.1 needs to be made. Accordingly, M.A. No.161 of 2024 stands allowed and respondent No.1 is hereby proceeded against ex-parte.

                   Now, the case stands adjourned to 13.12.2024

 
 
[ NARESH KATYAL]
PRESIDING MEMBER
 
 
[ MANJULA]
MEMBER
 

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