ORAL
State Consumer Disputes Redressal Commission
U.P., Lucknow.
Misc. Applicaiton No.236 of 2011
Central Bank of India, Bank Road, Gorakhpur
through Senior Manager. ….Applicant.
Versus
M/s Gorakhpur Resources Limited, 8, Ganesh
Chandra Avenue, First Floor, KOlkata Local Office at 23, Civil Lines, Gorakhpur through Direcotr Sri Neeraj
Maatanhelia. …Opp. Party.
Present:-
1- Hon’ble Sri Vijai Varma, Presiding Member.
2- Hon’ble Sri Mahesh Chand, Member.
None appeared.
Date 2.5.2018
ORDER
(Delivered by Sri Vijai Varma, Member)
The ld. counsel for the appellant has moved an application for adjournment but while scrutinizing the record, we find that the appeal no.376 of 2009 was dismissed vide order passed on 20.5.2011 and that a misc. no.236 of 2011 was filed by the appellant for recalling the order passed by this Commission on 20.5.2011. It transpires that the case was to be listed for 8.9.2011 for hearing and thereafter, without passing any order on that application for recalling the order dated 20.5.2011, proceedings started in appeal no.376 of 2009 whereas the fact remains that neither any order for recalling of the order was passed nor the appeal restored to its original number. It is a different matter that as per the verdict given by the Hon'ble Apex Court in Rajeev Hitendra Pathak & Ors. vs. Achyut Kashinath Karekar & Anr., IV(2011) CPJ 35 (SC), this Commission does not have any power to recall its own order. Therefore, there was no question of recalling the order passed on 20.5.2011. Therefore, the Misc. no.236 of 2011 can not be allowed and hence, this application is liable to be rejected.
(2)
Accordingly, the misc. case no.236 of 2011 is dismissed.
No proceedings under the appeal no.376 of 2009 can be made as it was dismissed on 20.5.2011 itself.
A copy of the order be placed in the appeal no.376 of 2009.
Certified copy of the order be provided to the parties in accordance with rules.
(Vijai Varma) (Mahesh Chand)
Presiding Member Member
Jafri PA II
Court No.4
