Assam

StateCommission

RP/4/2015

Bajaj Allianz General Insurance Company Ltd. - Complainant(s)

Versus

Sri Abdul Mazid - Opp.Party(s)

Mr. I. Barooah

26 Aug 2022

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Revision Petition No. RP/4/2015
( Date of Filing : 07 Apr 2015 )
(Arisen out of Order Dated in Case No. CP/61/2009 of District Kamrup)
 
1. Bajaj Allianz General Insurance Company Ltd.
GE Plaza, Airport Road, Yerwada, Pune-411006
Maharastra
...........Appellant(s)
Versus
1. Sri Abdul Mazid
S/o Mazibar Rahman, Vill-Daukmari, P.O.-Jania, P.S.-Barpeta Presently residing at TR Phukan Road, Machkhowa, Guwahati-791009
Barpeta
Assam
2. Golden Multi-Services Club of Golden Trust Financial Services
16 R. N. Mukherjee Road, Kolkata-700001
West Bengal
3. Golden Trust Financial Services
Susil Das Bhavan, Paltan Bazar (Near Nandan Hotel), Guwahati-781008
Kamrup
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MR. Sushil Kumar Sarma MEMBER
 HON'BLE MR. Tapas Kumar Ghosh MEMBER
 
PRESENT:Mr. S. K. Behera,Advocate, Proxy for Mr. I. Barooah, Advocate for for the Petitioner 1
 
Dated : 26 Aug 2022
Final Order / Judgement

                                    Heard Mr. S. K. Behara, learned counsel, appearing for the revision petitioner. None for the opposite party.

                                    The subject impugned order in the revision petition arose out of the proceeding in C.P. Case No. 61/2009. The order impugned in this revision petition dated 26-04-2013 is in respect of vacating the ex-parte order passed against the present revision petitioner insurance company as there was default on the part of the counsel appearing for the revision petitioner, impleaded as opposite party No. 2 in C.P. Case No. 61/2009. A leave was obtained by the subsequent counsel before the learned Commission below, wherein C.P. Case No. 61/2009 was pending to move the higher Commission challenging the order of proceeding ex-parte proceeding against the revision petit petitioner. Leave was granted, thereby allowing the present revision petitioner to submit the stay order, thereby staying further proceeding in C.P. Case No. 61/2009 before the learned Commission below. No such stay order was submitted before the Commission below, Kamrup at Guwahati. Accordingly, matter proceeded for argument. However, as there were no steps on the part of the complainant, whois impleaded as opposite party in this revision petition, as such, the said proceeding was dismissed for default vide order dated 21-09-2017. The said proceeding is yet to be restored and the LCR is tagged with the case record here.

                                    As the proceeding in C.P.  Case No. 61/2009 stands dismissed, as such, the present revision petitioner has filed the application dated 26-08-2022 seeking for withdrawal of the revision petition with liberty to file afresh, in the event the CP. Case No. 61/2009 is revived.

                                    We have perused the record of C.P. Case No. 61/2009 and satisfied that the revision petitioner has rightly filed this application seeking for withdrawal of the revision petition along with leave. In view of the same, we allow this application, thereby permitting the present revision petitioner to withdraw the revision petition along with leave to file afresh, if so advised.

                                    This revision petition stands disposed.

                                    Send back the LCR along with a copy of this order to the learned Commission below, Kamrup, at Guwahati.

                                    Interim order, if any, stands vacated.

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MR. Sushil Kumar Sarma]
MEMBER
 
 
[HON'BLE MR. Tapas Kumar Ghosh]
MEMBER
 

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