In the Court of the Calcutta District Forum, Unit-I

CDF-1/Case no.12/2001

Perfect Sales Agencies                                                  …….     Complainant

vs.

The Asia Insurance Co. Ltd.  and  others.                  .……  Opposite parties

Present :  Sri A.K. Das,  President

                Sri L.K. Banerjee,  Member

                Smt. J. Saha,  Member

Order no.   45     dt. 05/05/2008

            The application of the petitioner / complainant dt.30.10.06 for recalling the order dt.28.9.05 dismissing the restoration petition dt.28.5.05 is put up for order.

            It is appearing from the order sheet that name of the o.p. no.2 had been expunged vide order no.24 dt.18.4.05.

            The complainant did not take any steps to recall the said order. On the other hand, complainant / petitioner had prayed for service of notice of the instant restoration application by publication in the newspaper. As the petitioner did not bring the said mater to the notice of the forum the prayer of the petitioners for service of notice was allowed inadvertently although name of o.p. no.2 has been expunged.

            The petitioner in the present application has prayed for the recalling the order dt.28.9.05 dismissing the restoration application dt.28.5.03. in the present application there is no explanation as to why the present application has been filed after a long lapse of time. Moreover, the application is not supported by affidavit. In view of the fact, there is no sufficient ground to allow the present application recalling the order dt.28.9.05. Accordingly, it is dismissed since the application has  no merit.

            Let copy of this order be supplied to the parties free of cost.

Member                                               Member                                               president