Maharashtra

StateCommission

CC/08/171

MR SUBHASH VIRCHAND JAIN - Complainant(s)

Versus

M/S LILAVATI HOSPITAL & ORS - Opp.Party(s)

N V VECHALEKAR & CO

02 Feb 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Complaint Case No. CC/08/171
 
1. MR SUBHASH VIRCHAND JAIN
504 B DEVDARSHAN BLDG ANDHERI (E) MUMBAI 400 069
Maharastra
...........Complainant(s)
Versus
1. M/S LILAVATI HOSPITAL & ORS
A-791 BANDRA RECLAMATION BANDRA (W) MUMBAI 400 50
Maharastra
2. DR. SUDHANSHU BHATACHARYA
41/42, WHITE HALL, 143, AUGUST KRANTI MARG, KEMP'S CORNER
MUMBAI-36
3. DR. GUDIBANDA
C/O LILAVATI HOSPITAL & RESEARCH CENTRE, A-791, BANDRA RECOMMENDATION, BANDRA(W)
MUMBAI-50
............Opp.Party(s)
 
BEFORE: 
 Hon'ble Mr.Justice S.B.Mhase PRESIDENT
 Hon'ble Mr. S.R. Khanzode Judicial Member
 
PRESENT:N V VECHALEKAR & CO, Advocate for the Complainant 1
 
ORDER

Per Mr.Justice S.B.Mhase, Hon'ble President

Heard Mr.N.V.Vechalekar-Advocate for the complainant

Ld.counsel makes a statement that he may be allowed to withdraw this restoration application with a liberty to approach Hon’ble National Commission. In view of the judgement of the apex court in the matter of New India Assurance Co.Ltd. v/s. R.Srinivasan 2000(3) SCC 242 : 2000(2) JT 475, and decision taken by this Commission in case of Shri Suresh Harishchandra Koparkar & Ors. V/s. Shri Prithviraj Khadke & Ors. Passed on 15/12/2009 in First Appeal no.842/2009 and view taken by Hon’ble High Court at Kerala in the matter of Mr.Raju Thomas v/s. National Insurance Co.Ltd., AIR 2009 KERALA 5, present application for restoration of  CC/08/171 cannot be entertained.  Hence, we pass the following order:-

                                                ORDER

Application for restoration of CC/08/171 is allowed to be withdrawn with liberty to approach Hon’ble National Commission.

Application stands disposed of.

Parties to bear their own costs.

Dictated on dais.

Copies of the order be furnished to the parties.

Pronounced

02nd February, 2011.

 

 

 
 
[Hon'ble Mr.Justice S.B.Mhase]
PRESIDENT
 
[Hon'ble Mr. S.R. Khanzode]
Judicial Member

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