NCDRC

NCDRC

RP/2224/2012

LUCKNOW DEVELOPMENT AUTHORITY - Complainant(s)

Versus

JAGDISH SARAN SHIRIVASTAVA - Opp.Party(s)

MR. VINAY GARG

23 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2224 OF 2012
 
(Against the Order dated 19/01/2012 in Appeal No. 1296/2009 of the State Commission Uttar Pradesh)
1. LUCKNOW DEVELOPMENT AUTHORITY
Naveen Bhawan, Bipin Khand, Gomti Nagar
Lucknow
U.P
...........Petitioner(s)
Versus 
1. JAGDISH SARAN SHIRIVASTAVA
S/o Late Bhagwati Saran Shrivastava, R/o 102 Nav Ratan, Jata Bhawan ,Muftipur
Gorakhpur
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr.Vinay Garg, Advocate with Mr.Upendra Mishra, Advocate
For the Respondent :NEMO

Dated : 23 Aug 2013
ORDER

On 21.01.2013, the matter was adjournment for settlement on the request of the parties. It is stated by learned counsel for the petitioner that thereafter he was telephonically informed by the A.R. of the respondent that the parties have settled the matter. The petitioner Authority was thus requested to confirm the settlement between the parties if any and for further instructions. The petitioner despite that has neither confirmed or denied the settlement nor given any instructions for future course of action. Learned counsel in view of the said conduct of the petitioner on hearing dated 14.08.2013, sought permission to withdraw his vakalatnama but the matter was adjourned for 23.08.2013. Learned counsel states that he wrote a letter dated 16.08.2013 to the Secretary, LDA, Lucknow informing that he was not inclined to appear on behalf of the petitioner authority because they failed to settle his fees and advice the petitioner to make arrangement for appearance on hearing dated 23.08.2013. Despite of that concerned authority have not made any arrangement. In view of the aforesaid, we allow the learned counsel for the petitioner to withdraw his vakalatnama. Since the authority concerned, despite of having information that counsel would not appear on their behalf, has failed to make arrangement for appearance, we dismiss the revision petition for non-prosecution.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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