Maharashtra

StateCommission

A/12/164

THE LIQUIDATOR, SHRIRAM SAH KARI BANK LTD NASHIK - Complainant(s)

Versus

SHABBIR AHMED KHATIB - Opp.Party(s)

NITIN R BHAVAR

16 Jul 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/12/164
(Arisen out of Order Dated 29/09/2011 in Case No. 146/2011 of District Nashik)
 
1. THE LIQUIDATOR, SHRIRAM SAH KARI BANK LTD NASHIK
HEAD OFFICE AT MARKET YARD SHOPPING CENTER PANCHAVATI NASHIK
NASHIK
MAHARASHTRA
...........Appellant(s)
Versus
1. SHABBIR AHMED KHATIB
2115 MUSTAQ MANZIL SARDAR COLONY BHADRAKALI NASHIK
NASHIK
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:
Mr.P.R. Adkine, Advocate for the applicant/appellant.
......for the Appellant
 
Mr.Ashutosh Marathe, Advocate for the non-applicant/respondent.
......for the Respondent
ORDER

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

This appeal is filed against the order dated 29/09/2011 passed in consumer complaint No.146/2011 (Shabbir Ahmed Khatib V/s. Shri Bajirao V. Shinde, Shriram Sahakari Bank Ltd.)  passed by District Forum, Nashik.  There is delay of 121 days in filing appeal and hence, this application for condonation of delay is filed.  Appeal is filed by the Liquidator appointed over Shriram Sahakari Bank Ltd., Nashik.  Learned Counsel appearing for non-applicant/respondent opposed the application for condonation of delay inter alia taking ground that applicant/appellant has no locus standi to file this appeal since it was not party in the original complaint.

 

2.       We heard Mr.P.R. Adkine, Advocate for the applicant/appellant and Mr.Ashutosh Marathe, Advocate for non-applicant/respondent. 

 

3.       Though the appeal is filed by the Liquidator appointed over Shriram Sahakari Bank Ltd., perusal of the certified copy of the impugned order shows that party before the Forum was Mr.Bajirao V. Shinde and the impugned order dated 29/09/2011 was also passed against him and therefore, in any case, the Liquidator appointed over Shriram Sahakari Bank Ltd. or Shriram Sahakari Bank Ltd. itself, both are not aggrieved party since they were not parties before the Forum in the original consumer complaint.  Since the applicant/appellant has no locus standi to file appeal, there arise no question to consider its grounds or reasons to get condone the delay in filing appeal.  We hold accordingly and pass the following order :-        

                             -: ORDER :-

1.       Application for condonation of delay stands rejected.

2.       In the result, appeal is not entertained and stands disposed off accordingly.

3.       Copies of the order be furnished to the parties.

 

Pronounced

Dated 16th July 2012.

 

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

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