NCDRC

NCDRC

RP/677/2010

BEE ELECTRONIC MACHINES LTD. - Complainant(s)

Versus

RATNAKAR BANK LTD. & ANR. - Opp.Party(s)

MR. B.Y. KULKARNI

07 Apr 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 677 OF 2010
 
(Against the Order dated 20/11/2009 in Appeal No. 732/2009 of the State Commission Maharastra)
1. BEE ELECTRONIC MACHINES LTD.
89, New Sadawhiv Peth, LBS Marg, Ganjwe Chowk
Pune - 411030
Maharashtra
...........Petitioner(s)
Versus 
1. RATNAKAR BANK LTD. & ANR.
Admin Office- Market Yad
Kolhapur
Maharashtra
2. PARSIK ENGINEERING PRIVATE
Opp. Keshav Varna Colony, Nagla Park
Kolhapur
Maharashtra
3. THE RATNAKAR BANK LTD
2, PARSIK ENGINEERING PR.LTD.
302-303 APOLLO CHAMBERS 104, S.RADHAKRISHNA MARG
ANDERI EAST MUMBAI 400069
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :MR. B.Y. KULKARNI
For the Respondent :
Mr. Gautam Gupta, Advocate for
Mr.Aditya Madan, Advocate
For Respondent no.2 : Nemo

Dated : 07 Apr 2011
ORDER

PER MR.JUSTICE R.K. BATTA, PRESIDING MEMEBR Counsel for the Petitioner and proxy Counsel for the Respondent no.1 present. Learned Counsel for the Petitioner states that Respondent no.2 is a proforma party and Respondent no.2 be deleted. In view of this, the Respondent no.2 is ordered to be deleted and the Petitioner shall face all consequences which may follow on account of deletion of Respondent no.2. With the consent of Counsel for the parties, the matter was finally heard. The revision is directed against the impugned order of the State Commission whereby the appeal filed by the present Petitioner was dismissed on the ground of delay of 74 days. The State Commission in its order held that in the application there is no explanation for the delay. However, after going through the condonation application which is at page 47 ad 48 we find that in fact explanation has been given by the Petitioner which is as follows:- t is most humbly submitted that although the order was passed by the Honle District Forum, Kolhapur on 20th October, 2008, the Appellants herein named received the copy of the order by post only on or about 20th January, 2009. The Appellants further states that the Appellant office in Pune, handling the case was closed around June, 2009 due to huge financial losses, after which the Appellant present office lost its base with the matter. There was heavy attrition of manpower even at the Head Office of the Appellant Company and there was no contact with the Advocate in Kolhapur who was attending to the matter. No records were available and people who knew about the background and/or were involved with the matter have left the Appellant Company. The Appellant present office had no idea that the said matter had been decided upon. It is most earnestly stated that the status of the Appellant Company has materially changed due to an eroded net worth and the Appellant Company has been declared as a SICK INDUSTRIAL COMPANY under SICA. In view of the aforesaid explanation which can be considered sufficient, the order of the State Commission refusing to condone the delay of 74 days is hereby set aside. Subject to payment of costs of Rs.10,000/- which has already been deposited by the Petitioner and the said amount shall be deposited by the Registry in the Consumer Legal Aid Account of this Commission. The Petitioner and the Opposite Party no.1, namely, Complainant shall appear before the State Commission on 31.5.2011 and the State Commission shall fix the matter for hearing of the First Appeal No. 732/2009 and disposed of the same in accordance with law. It is made clear that Respondent no.2 has been deleted at the request of Counsel for the Petitioner and as such no notice is required to be issued by the State Commission to Respondent no.2. The revision is, accordingly, allowed. There shall be no order as to costs.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.