Circuit Bench Nagpur

StateCommission

A/16/246

BANK OF MAHARASHTRA - Complainant(s)

Versus

SHRI.ABHIRAM BHIMCHAND ADHIKARI - Opp.Party(s)

MANGESH PIMPLAPURE

19 Mar 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/16/246
( Date of Filing : 03 Dec 2016 )
(Arisen out of Order Dated 28/07/2016 in Case No. 6/2016 of District Nagpur)
 
1. BANK OF MAHARASHTRA
BRANCH MANAGER,BRANCH MULCHERA ,DIST-GADCHIROLI
GADCHIROLI
MAHARASHTRA
...........Appellant(s)
Versus
1. SHRI.ABHIRAM BHIMCHAND ADHIKARI
DESHBANDHUGRAM,PO.MULCHERA,TAH-GADCHIROLI
GADCHIROLI
MAHARASHTRA
2. SHRI.PRABHAT ABHIRAM ADHIKARI
DESHBANDHUGRAM,MULCHERA ,TAH-GADCHIROLI
GADCHIROLI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. B.A.SHAIKH PRESIDING MEMBER
 HON'BLE MRS. Jayshree Yengal MEMBER
 
For the Appellant:
For the Respondent:
Advocate Mr.R.P.Malviya
 
Dated : 19 Mar 2019
Final Order / Judgement

Per Shri B.A.Shaikh, Hon’ble Presiding Member.

 

1.        No one for the appellant is present till 2.00 p.m. today. The respondent No.1 in person is present. He filed copy of the complaint filed before the District Consumer Forum of Gadchiroli. He submitted that on last two dates no one had appeared for the appellant and hence the appeal may be dismissed in default.

2.         Perusal of the record and proceedings of the appeal shows that advocate Mr.Pimpalpure had forwarded an application through his clerk for seeking adjournment on 22/03/2018. In that application he had stated that time may be granted for compliance of the earlier order dated 15/01/2018. As per that order dated 15/01/2018 cost of Rs.500/- was imposed on the appellant for condonation of delay. The appeal was then adjourned on 22/03/2018 and taken up on the board of this Commission on 05/07/2018. No one had appeared for the appellant on 05/07/2018. Advocate Mr.R.P.Malviya had appeared for the respondent on 05/07/2017 and admitted that the appellant paid cost of Rs.500/- to the respondent. The appeal was then adjourned to 31/08/2018 for hearing on admission.

3.        On 31/08/2018 no one had appeared initially for the appellant though respondent No.1 had appeared in person. The appeal was however adjourned to 30/10/2018. But on the same date advocate Mr.Ajit Mule appeared for the appellant later on after the appeal was adjourned as above.

4.      On 30/10/2018 no one appeared for the appellant but appellant’s advocate forwarded an application through his clerk for adjournment. Advocate Mr.R.P.Malviya was present for the respondent and he had given no objection for the adjournment. Therefore appeal came to be adjourned to 07/01/2019

5.        No one appeared for the appellant on 07/01/2019 though advocate Mr.R.P.Malviya was present for the respondent. On that date we admitted the appeal and adjourned the appeal to this date for filing written notes of arguments and for oral submission.

6.        However today i.e. on 19/03/2019 also no one for the appellant appeared. We thus hold that as no one appeared for the appellant on last date and today also for final hearing, and as written notes of argument are also not filed by the appellant’s advocate, the appeal deserves to be dismissed in default. Accordingly the appeal is dismissed in default. No order as to cost in appeal. Copy of order be furnished to both parties free of cost. 

 

 

 
 
[HON'BLE MR. B.A.SHAIKH]
PRESIDING MEMBER
 
[HON'BLE MRS. Jayshree Yengal]
MEMBER

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