Circuit Bench Nagpur

StateCommission

A/10/118

Shri Amol Sambare - Complainant(s)

Versus

Krishnakumar Narayandasji Dhaga - Opp.Party(s)

Nitin Bhishikar

04 Oct 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
First Appeal No. A/10/118
(Arisen out of Order Dated 05/01/2010 in Case No. cc/09/93 of District )
 
1. Shri Amol Sambare
Chandrapur
Chandrapur
Maharastra
...........Appellant(s)
Versus
1. Krishnakumar Narayandasji Dhaga
Chandrapure
Chandrapur
Maharastra
...........Respondent(s)
 
BEFORE: 
  Hon'ble Mr.S.M. Shembole PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
  HON'BLE N. ARUMUGAM MEMBER
 
PRESENT:
Adv.Mr N Bhishikar
......for the Appellant
 
None
......for the Respondent
ORDER

 

Per Mr S M Shembole, Presiding Member


          Appellant Amol Sambre is absent. However, Adv. Mr Bhishikar appeared and submitted that the matter is settled amicably between the parties and accordingly, the appellant informed on phone. But in spite of direction to appear, he remained absent. Therefore, Mr Bhishikar, Ld. Counsel for the appellant sought adjournment to submit withdrawal Pursis with the signature of the appellant. On last date also the same submission was made by Mr Bhishikar, Ld. Counsel for the appellant; so also on the earlier date. Therefore, it is highly objectionable to adjourn the matter, when Adv. Mr Bhishikar received information on phone from the appellant Amol that the matter is settled amicably, there could be no impediment for Adv. Mr Bhishikar to submit withdrawal Pursis, but he seeks time. Since appellant has not turned up since last date, we decline to grant adjournment.


          From all these facts, it can be safely inferred that the appellant as well as respondent are not coming to this commission as the matter is settled between them. Therefore, it would be futile to adjourn the matter. Hence, the appeal deserves to be dismissed for default.

 

Accordingly, appeal is dismissed.

No order as to cost.

Copy of this order be supplied to the parties.

Delivered on 04.10.2011.

 
 
[ Hon'ble Mr.S.M. Shembole]
PRESIDING MEMBER
 
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER
 
[ HON'BLE N. ARUMUGAM]
MEMBER

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