Per Justice Shri S.B.Mhase, Hon’ble President:
HeardAdv.Mr.R.B.Shinde for the applicant and Adv.Mr.D.M.Dhavate for respondent in person.
This is an application for setting aside the order dated 25/01/2010 disposing appeal no.104/2009 for non-prosecution and to restore the same back to file.
We have perused judgement of Apex Court in the matter of Hon’ble Supreme Court reported in 2008 (3) ALL MR 875 in the matter of National Insurance company V/s. Nitin Khandelwal wherein Apex Court has observed that the Order 9 Rule 9 of Civil Procedure Code is not applicable to the proceedings of Consumer Fora and especially the State Commission and District Consumer Disputes Redressal Forum. We have also found that such power is not available to the Hon’ble National Commission in view of Section 22-A of Consumer Protection Act, 1986. Similar view has been also taken by this Commission in the matter of Shri Suresh Harishchandra Koparkar & Ors. V/s. Shri Prithviraj Khadke & Ors., passed on 15/12/2009 in F.A.no.842/2009 and also by Hon’ble High Court at Kerala in the matter of Mr.Raju Thomas V/s. National Insurance Co. Ltd., AIR 2009 KERALA 5,
In view of this position of law, we do not find any substance in the application filed by the applicant. Hence, we pass the following order:-
:-ORDER-:
1. M.A.No.10/611 for restoration stands rejected.
2. Parties are left to bear their own costs.
3. Dictated on dais in presence of parties.
4. Copies of the order herein be furnished to the parties as per rule.
Pronounced and Dictated on 15th February, 2011.
