NCDRC

NCDRC

RP/2274/2012

ROSHAN MADAN PARDESHI - Complainant(s)

Versus

JOINT SECERETARY/EXEMINATION CONTROLLER, NORTH MAHARASHTRA UNIVERSITY & 2 ORS. - Opp.Party(s)

MR. MADAN PUNAMCHAND PARDESHI

03 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2274 OF 2012
 
(Against the Order dated 29/02/2012 in Appeal No. 367/2010&379/2011 of the State Commission Maharastra)
1. ROSHAN MADAN PARDESHI
R/o Kharewada, Khalache Gai Shirpur Tq Shirpur
Dhule
Maharastra
...........Petitioner(s)
Versus 
1. JOINT SECERETARY/EXEMINATION CONTROLLER, NORTH MAHARASHTRA UNIVERSITY & 2 ORS.
North University, Jalgaoan.NM University Nagar
Jagaon - 425 001
Maharastra
2. Principal,
Dr Babasaheb Ambedkar Law College, Deopur
Dhule
Maharastra
3. North Maharastra University,
Jalgaon Registrarm North Maharastra University
Jalgaon
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 03 Sep 2012
ORDER

No one appears on behalf of the petitioner. The appeal filed by the petitioner was dismissed by the State Commission vide order dated 22.07.2011 for his default in appearance by making following order:- resent appeal is filed on 09.06.2010. It was taken for admission on 19.07.2010. Since then it was adjourned to 03.09.2010, 16.12.2010, 17.03.2011, 29.04.2011 and today on 22.07.2011, none appeared for appellant. It seems that, appellant is not interested in pursuing the matter. Appeal is dismissed in default. 2. The appellant filed an application for recall of the said order and restoration of the appeal which was dismissed by the State Commission following the decision of the Supreme Court in the case of ajeev Hitender Pathak & Ors. Vs. Achyut Kashinath Karekar & Anr.[2011 9 SCC 541]. The persistent default on the part of the appellant / petitioner herein, in prosecuting his appeal are amply noted in the order dated 22.07.2011. In our view, even if the State Commission had a power to recall / review its order and to restore the appeal, there was not at all any case for restoration going by the persistent default on the part of the appellant in appearance on six consecutive dates before the State Commission. The petition being devoid of any merit is dismissed.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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