NCDRC

NCDRC

RP/2664/2012

SHRIRAM TRANSPORT FINANCE CO. LTD. (PREVIOUSLY KNOWN AS SHRIRAM INVESTMENT LTD.) - Complainant(s)

Versus

S.N. VASHISHT(Through LRs) - Opp.Party(s)

MR. NAVEEN SHARMA

22 May 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2664 OF 2012
 
(Against the Order dated 25/10/2011 in Appeal No. 704/2008 of the State Commission Haryana)
1. SHRIRAM TRANSPORT FINANCE CO. LTD. (PREVIOUSLY KNOWN AS SHRIRAM INVESTMENT LTD.)
...........Petitioner(s)
Versus 
1. S.N. VASHISHT(Through LRs)
S/o Sh. Bhola Ram, R/o 702/32, Janta Colony,
Rohtak
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mr. Sushant Parashar, Advocate
For the Respondent :MR. PRAVEEN KUMAR JAIN

Dated : 22 May 2014
ORDER

Respondent has filed some documents on 07.03.2014. Heard learned counsel for the parties. On 10.10.2013, it was observed by us that respondent died on 16.02.2011, whereas the State Commission passed order on 25.10.2011, meaning thereby, without taking legal heirs of respondent on record, the State Commission passed impugned order. Learned counsel for the respondent has placed on record copies of documents obtained from the State Commission, which reveals that respondent, who was appellant before the State Commission, moved application on 03.08.2011 before the State Commission and apprised that appellant died on 16.02.2011 and his legal representatives be taken on record. It appears that the State Commission has not decided this application and passed impugned order without deciding this application and taking legal heirs of present respondent on record and as order passed by the State Commission in favour of a dead person is a nullity, this order is liable to set aside and matter is to be remanded back to the State Commission to dispose of application of present respondent, filed before the State Commission for taking legal heirs on record. Consequently, revision petition, filed by the petitioner is allowed and impugned order dated 25.10.2011, passed by the State Commission in First Appeal No. 704/2008, S. N. Vashisht vs. M/s Shri Ram Investment Ltd., is set aside and matter is remanded back to the State Commission to decide application, filed by the learned counsel for the appellant, Mr. S. N. Vashisht before the State Commission under order 22 Rule 3 CPC for impleading legal heirs of late S. N. Vashisht and then to proceed in accordance with law. Parties are directed to appear before the State Commission on 28.07.2014. The State Commission is expected to dispose of appeal at the earliest.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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