Maharashtra

StateCommission

MA/09/1080

SHRI VIJAY KRISHNA RANE - Complainant(s)

Versus

M/S SAIBA CONSTRUCTION - Opp.Party(s)

14 Jul 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/09/1080
 
1. SHRI VIJAY KRISHNA RANE
ROOM NO 2 CHILDREN WADIA HOSP. PAREL MUMBAI
Maharastra
...........Appellant(s)
Versus
1. M/S SAIBA CONSTRUCTION
V S MARG VIRAR (E) THANE
Maharastra
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:
Appellant present in person.
......for the Appellant
 
None present for the respondent.
......for the Respondent
ORDER

Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

          There is delay of 68 days in filing appeal and hence, this application for condonation of delay.  Notices were sent to opponent on several occasions.  Even returned postal acknowledgements are also on record which shows that notices were served upon the opponents.  Under the circumstance, we prefer to hear the applicant/appellant who is in person on delay condonation application.

          According to the applicant/appellant, after receipt of copy of the impugned order dated 07/02/2009, on 30/03/2009 he had entrusted his papers to Advocate Ms.Poonam Makhijani.  Said lawyer only kept the papers with her and did not take further steps or advice for filing of the appeal and in that circumstances these delay occurred.  Considering these facts which goes uncontradicted, we find that for the latches on the part of the lawyer, party should not suffer and hence, holding that the sufficient reason is shown by the applicant/appellant to condone the delay.  Application for condonation of delay is allowed accordingly. 

Pronounced

Dated 14th July 2011.

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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