Date of filing 17.05.2022 Date of Disposal 06.12.2022
Complainant- Harish Chandra Khosla, Mahabir Colony, P.O.-Rupnarayanpur, P.S.-Sultanpur, Dist.-Burdwan, West Bengal presently residing at Dabour Collery, P.O.- Samdi, P.S.-Sultanpur, Dist.-Burdwan.
Vs.
O.Ps-1. ICICI Lombard General Insurance Co. Ltd. Zenith House Keshavrao Khadge Marge, 2nd Floor, Mahalaxmi, Mumbai-400051.
2. The Officer-in-Charge, ICICI Bank Ltd. ICICI Bank Towers, Bandra Curla Complex, Mumbai-400051.
Order Date - 06.12.2022
Today is fixed for passing order in respect of M.A. case being No.39/2022.
The petitioners, namely Birendra Khosla and Narendra Kumar Khosla on 17.05.2022 have filed a petition for condonation of delay and on the same day they have also filed for substitution of them in place of complainant - Harish Chandra Khosla of the case. They submitted that the complainant – Harish Chandra Khosla expired on 15.05.2020, but the petitioners could not know about the case and they were informed by the Ld. Advocate of the deceased father and after getting the death certificate, the petitioners contacted with the Ld. Advocate. They are willing to continue the case by way of substituting them in place of their father but there are some delays in lodging the petition of substitution. They could not file the petition for substitution within the stipulated statutory period of time due to paralyze the administration of justice in the court of law for outbreak of the disease Covid-19 and prayed for condonation of delay. Both the petitions are supported by an affidavit.
Perused the application for condonation of delay, the petition for substitution, death certificate and the legal heir certificate. It appears that the complainant – Harish Chandra Khosla expired on 15.05.2020 and the petition has been filed on 17.05.2022; there is a delay in lodging the petition for substitution but the ground for delay in filing the substitution petition in time is convincing. As per settled principle of law, liberal approach is taken in this case for condonation of delay. Therefore, the prayer for condonation of delay is hereby allowed.
The delay in filing the substitution petition is hereby condoned.
These two petitioners are the legal heirs of the complainant – Harish Chandra Khosla and legal heir certificate supported it.
Accordingly, the prayer for substitution is considered and allowed. Let the Birendra Khosla and Narendra Kumar Khosla be substituted in place of the complainant - Harish Chandra Khosla since diseased.
Amend the complaint and register accordingly. These petitioners are directed to file amended complaint by the date fixed. As such, M.A. case being No.39/2022 is thus disposed of.
Dictated and Corrected by me.
President
D.C.D.R.C., Purba Bardhaman
Member Member President
D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman
