Date of Filing :12.03.2024

Date of Disposal :09.10.2024

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:09.10.2024

PRESENT

Mr K B. SANGANNANAVAR: PRI. DIST & SESSIONS JUDGE (R )-

JUDICIAL MEMBER

Mrs DIVYASHREE M: LADY MEMBER

REVIEW APPLICATION NO.21/2024

Mr Mubeen Akthar A Jahagirdar

Aged about 35 years

S/o Sri.Abdul Khadar

Occ:Busienss

R/o Kudagi

Taluk Basavana Bagewadi

Vijayapura District

(By Mr. B.S.Gajendra, Advocate)                                            Petitioner

-Versus-

1. Mr. Patil Trucks Private Limited

    Near Rambha Cross

    NH-13, By-pass Road

    Vijaypur-586 104

    Rep. by its Manager

2. M/s TATA AIG General

    Insurance Co. Ltd.,

    Regd.Office:Peninsula

    Business Park, Tower A

    15^th Floor, G.K.Marg

    Lower Parel, Mumbai- 400 013                                           Respondent

-:ORDER:-

Mr. K B. SANGANNANAVAR: JUDICIAL MEMBER

1.       Heard learned counsels for Review Applicant and R2 M/s TATA AIG General Insurance Company Ltd.,

2.       Learned counsel for Review Applicant submits that Mr. Shivaramaiah Advocate on record represented Appellant in Appeal No.769/2020 died on 08.02.2024 and before his death he was taking treatment for ailment. 

3.       This Review Application came to be filed to review the order dated 03.05.2024.  Learned counsel for R2-insurer opposed to Review Application on various grounds, but facts remained found from order dated 16.10.2023, it was closed but not dismissed by recording submission of R2-insurer, which in our view, could be restored for simple reasons that the said Appeal was neither dismissed for default nor on merits but it was closed for the present by recording submission of R2 with liberty to Appellant rake up the matter if not settled.  

4.       Learned counsel for Review Applicant submits that dispute is not at all settled, if at all settled, question of filing Review Application was not at all arisen.  In such circumstances, it would be just and proper rake up Appeal No.769/2020 on the file of this Commission to hear Appeal on merits.  Accordingly, Office is directed to list the Appeal No.769/2020 to hear arguments on merits by 06.12.2024 and in view of raking up the  Appeal No.769/2020 on the file of Commission to hear the arguments  Review Application stands disposed of.

5.       The copy of this Order is directed to be sent  parties concerned for their information.

        Lady Member                                     Judicial Member

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