NCDRC

NCDRC

RP/3268/2013

MAHATMA GANDHI INSTITUTE OF MEDICAL SCIENCE & ANR. - Complainant(s)

Versus

SHRIKANT SINGH - Opp.Party(s)

MR. SIDDHESH KOTWAL

03 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3268 OF 2013
 
(Against the Order dated 13/03/2013 in Appeal No. 661/2000 of the State Commission Maharastra)
WITH
IA/5769/2013,IA/5770/2013
1. MAHATMA GANDHI INSTITUTE OF MEDICAL SCIENCE & ANR.
SEWAGRAM, TAH. THROUGH ITS DEAN,
WARDHA
MAHARASTRA
2. DR.A.K SHUKLA, OPHTHALMOLOGY DEPARTMENT, MAHATMA GANDHI INSTITUTE OF MEDICAL SCIENCE,
SEWAGRAM, KASTURBA HOSPITAL, SEWAGRAM, TAH &
DISTRICT : WARDHA
MAHARASTRA
...........Petitioner(s)
Versus 
1. SHRIKANT SINGH
S/O KUSHWAHA KAHITISINGH, R/O LLOYDS NAGAR, BOREGAON (MEGHE), POST BORAGAON, (MEGHE), TAH. &
DISTRICT : WARDHA
MAHARASTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Siddhesh Kotwal, Advocate
For the Respondent :
Mr.Mannu Mohan Bansal, Advocate
Along with Respondent, In person.

Dated : 03 Jan 2014
ORDER

Counsel for the parties present. Counsel for the petitioners has not paid Rs. 10,000/-, as litigation charges, to the respondent, directly by means of demand draft, as directed on 21.11.2013. However, Mr.Kotwal, Counsel for the petitioners, undertakes to pay the amount of Rs.10,000/-, in cash, today, to the respondent, who is present in this Commission, with his Advocate. 2. Arguments on merits, heard. The impugned order at page 186 of the paper-book, reads as under :- one for the appellants is present. Its counsel, Mr.Ashutosh Dharmadhikari as well as Smt. Geeta Tiwari and others, are absent. Mr.Shrikant Singh as well as his counsel Smt. Benarjee are also absent. On earlier dates, i.e., 01.11.2012, 24.01.2013 and 04.03.2013, the appellants as well as their counsel were absent. Hence, the appeal deserves to be dismissed in default. Hence the appeal deserves to be dismissed in default. It be recalled at 3.00PM, for order. Mater is recalled at 4.50PM, but nobody for the appellants turned up. Hence, the appeal is dismissed in default. No order as to cost 3. The order sheet goes to show that the appellants did not appear in the State Commission on four occasions. It is stated that the Lawyer was shifting his office and the file was misplaced. It is difficult to understand, why the Advocates take such like pleas in each and every case?. It further clearly goes to show that the Advocate is negligent in misplacing the file. Files for an Advocate, are more valuable than anything else. It is also difficult to fathom as to why they bring these stories in each and every case. There is no cogent and convincing evidence for Advocate absence. If his file was misplaced, he must be maintaining a Diary, which every Advocate maintains. He should have known it from the Diary, where this case had vanished. However, keeping in view the facts and circumstances of the case and in the interest of justice, the petitioners are given one more opportunity to contest the case, subject to payment of Rs.25,000/- to the complainant, Sh.Shrikant Singh, through demand draft, by them. 4. Parties are directed to appear before the State Commission on 10.02.2014, and the State Commission will give an opportunity to the petitioners to contest the case, after satisfying itself that the sum of Rs.10,000/- as litigation charges stands paid to the respondent/ complainant and the sum of Rs.25,000/- are also paid to the respondent/complainant, by demand draft, by the petitioners.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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