NCDRC

NCDRC

RP/299/2023

IDBI BANK LTD. - Complainant(s)

Versus

SHANKAR SAHAY TIWARI - Opp.Party(s)

M/S. R & R LEGAL

14 Sep 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 299 OF 2023
(Against the Order dated 20/01/2023 in Appeal No. 272/2022 of the State Commission Delhi)
1. IDBI BANK LTD.
...........Petitioner(s)
Versus 
1. SHANKAR SAHAY TIWARI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,PRESIDING MEMBER

FOR THE PETITIONER :
MR. KANIRANGBOU CHARENAMEI, PROXY
ADVOCATE FOR MR. RAJIVE R. RAJ, ADVOCATE
FOR THE RESPONDENT :
FOR THE RESPONDENT : NOT SERVED

Dated : 14 September 2023
ORDER

.         Learned proxy counsel for the petitioner submits that fresh address of the respondent as was directed to file could not be procured.

2.       The perusal of the record shows that notice was issued to the respondent on 02.03.2023 but it could not be served because no such person was found at the address given and hence it was directed to file fresh address.

          On 01.05.2023, this Commission has passed the following Order:

As per Office report, notice issued to Respondent has been received back with the postal remark “No such Person”.

Let fresh address of Respondent be given by the Petitioner within three weeks, whereafter the Registry shall issue notice to the Respondent, returnable on 14.09.2023.

            List on 14.09.2023.

3.       Today, again it has been reported by the Office that fresh address of the respondent has not been filed by the petitioner, therefore, notice could not be issued to him. According to the learned counsel appearing on behalf of the petitioner the fresh address is not available with the petitioner and he requests that the matter may be adjourned. In such circumstances, it appears that earnest effort to pursue this matter is not being made on behalf of the petitioner and this is a clear case of non-prosecution. The petition, therefore, deserves to be dismissed in non-prosecution.

4.       The instant petition stands dismissed as such.

5.       However, in the interest of justice, it may be observed that in case the petitioner is able to procure the correct / fresh address of the respondent, it shall have liberty to move an appropriate application seeking recall of the instant Order within a period of three months from today. It may also be observed that the period taking for moving such recall / restoration application shall not be counted towards the period of limitation.

 6.      The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.

 
..................................................J
KARUNA NAND BAJPAYEE
PRESIDING MEMBER

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