Circuit Bench Nagpur

StateCommission

A/21/188

M.S. OM SHIVAM BUILDCON PVT LTD. - Complainant(s)

Versus

KRISHNA S.O. PUNJARAMJI SHRIKHANDE - Opp.Party(s)

S.S, KARE

21 Feb 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/21/188
( Date of Filing : 04 Aug 2021 )
(Arisen out of Order Dated 07/06/2021 in Case No. CC/21/12 of District Additional DCF, Nagpur)
 
1. M.S. OM SHIVAM BUILDCON PVT LTD.
OFFICE AT PLOT NO. 10, ROHERA ARCADE, NMC HOUSE NO. 560, A. 10, WARD NO.5, AJNI SQ. WARDHA ROAD, NAGPUR 15, THROUGH ITS DIRECTOR CHANDRASHEKHAR S.O. KISANRAO KAPSE R.O. PANDE LAYOUT , KHAMLA , NAGPUR MAHARASHTRA
...........Appellant(s)
Versus
1. KRISHNA S.O. PUNJARAMJI SHRIKHANDE
DISTRICT COURT, CHAUHAN COLONY, CHANDRAPUR 442401. ALSO AT R.O. 6,5,PWD , DEPUTY COLLECTOR BUILDING, IN FRONT OF MARUTI TEMPLE, CHANDRAPUR MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. DR. S.K. KAKADE PRESIDENT
 HON'BLE MR. A. Z. KHWAJA JUDICIAL MEMBER
 
PRESENT:
Adv.Mr.Kare
......for the Appellant
 
Adv.Mr.Mishrikotkar.
......for the Respondent
Dated : 21 Feb 2022
Final Order / Judgement

Per Dr. S.K.KAKADE, Hon’ble Presiding Member.

Advocate Mr.Mishrikotkar is present on behalf of respondent. None present for appellant even after second call. Heard advocate Mr.Mishrikotkar in the second session. As per learned advocate for respondent the appellant is continuously absent after filing this appeal and though notice before admission was issued. The appellant has failed to even serve the notice to the respondent. Advocate Mr.Mishrikotkar appeared suo-moto in this appeal on behalf of respondent. Further he filed pursis stating that the appellant has deposited only Rs.1,05,000/- on 31 July 2021, instead of 50% amount as per Section 41 which is required to be paid while filing the appeal and hence in view of the continuous absence of the appellant and failure to deposit the 50% amount as per the order passed by the Additional District Consumer Commission Nagpur. The learned advocate for respondent prayed for dismissal of appeal. Perused the record. Appellant failed to appear before this Commission for last three times and also fail to comply the order passed by this Commission. Accepting the submission made by the learned advocate for respondent the Commission thinks its proper to dismiss this appeal as the appellant is not serious and does not want to proceed further. Hence the appeal is dismissed in default for want of prosecution.

 
 
[HON'BLE MR. DR. S.K. KAKADE]
PRESIDENT
 
 
[HON'BLE MR. A. Z. KHWAJA]
JUDICIAL MEMBER
 

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