NCDRC

NCDRC

RP/622/2021

BRANCH MANAGER UTTARBANGA KSHETRIYA GRAMIN BANK - Complainant(s)

Versus

MAJIR ALI BYAPARI (DEAD) THROUGH LRS 1A. AYASHA BIBI & 13 ORS. - Opp.Party(s)

M/S. ARKAY & ARKAY

29 Aug 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 622 OF 2021
 
(Against the Order dated 27/12/2019 in Appeal No. 32/2019 of the State Commission West Bengal)
1. BRANCH MANAGER UTTARBANGA KSHETRIYA GRAMIN BANK
...........Petitioner(s)
Versus 
1. MAJIR ALI BYAPARI (DEAD) THROUGH LRS 1A. AYASHA BIBI & 13 ORS.
2. .
.
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER

For the Petitioner :
Mr. Rajesh K Gupta, Advocate
For the Respondent :
For R-11 to 13 Mr.Ashutosh Lohia & Mr.Varun Raghavan,
Advocates
For others respondents None

Dated : 29 Aug 2022
ORDER

It is submitted on behalf of Jute Corporation of India that RP No. 945 2020 against the impugned order has been filed before this Commission and it was dismissed vide a detailed order on merit vide order dated 05.04.2021.  It is further submitted that Appeal filed against this order is pending before the Hon’ble Supreme Court.  Counsel submits that petitioner herein was also a party in RP No. 945 of 2020 and since the impugned order has merged into the final order of this Commission, it does not survive any more for any practical purpose and this revision petition has thus become infructuous and is liable to be dismissed.

Learned counsel appearing on behalf of the petitioner submits that petitioner was not issued any notice in RP No. 945 of 2020 and that is why he could  not participate in the proceedings and that he is a bank who is not severally and jointly liable.

In view of the fact that impugned order has been merged into the final order of this Commission dated 05.04.2021 in RP No. 945 of 2020, it does not survive any more.   In view of this, revision petition stands dismissed  being infructuous.

 
......................J
DEEPA SHARMA
PRESIDING MEMBER

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