Jharkhand

StateCommission

MA/9/2014

Swatantra Lal Bhagat - Complainant(s)

Versus

The Manager, State Bank Of India - Opp.Party(s)

Mr. Sanat Kumar

19 Jan 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
Miscellaneous Application No. MA/9/2014
In
FA/159/2010
 
1. Swatantra Lal Bhagat
Village- Basmati, P.O. & P.S.- Maheshpur, District- Pakur
...........Appellant(s)
Versus
1. The Manager, State Bank Of India
P.O. & P.S.- Amrapara, District - Pakur, Jharkhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MRS. Sumedha Tripathi MEMBER
 HON'BLE MR. Ajit Kumar MEMBER
 
For the Appellant:
For the Respondent:
ORDER

1.                    This case was fixed for passing ex parte order today.  Again nobody appears on behalf of the petitioner.

2.                    This Misc. Case has been filed for restoration of FA No. 159/2012 which was dismissed for non-prosecution on 26.2.2014, by the following order :- 

“26.2.2014 - neither the order dated 04.01.2013 has been complied with by filing requisites nor the appellant is appearing for the last one year.  In the circumstances, this appeal is dismissed for non-prosecution.”

 3.                   The grounds made out for restoration is that when the case was called out on 26.2.2014, the conducting advocate had gone out of station for his personal reasons.  But there is no explanation at all as to why steps were not taken in the appeal for one year.  Further there is no explanation at all as to why this Misc. Case was filed after a delay of about 9 months.

             Moreover, inspite of fixing this matter for ex parte hearing today, again nobody appears for the complainant.

             In the facts and circumstances noticed above we do not find any ground for restoration of the said first appeal.  Accordingly this Misc. Case is dismissed.

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MRS. Sumedha Tripathi]
MEMBER
 
[HON'BLE MR. Ajit Kumar]
MEMBER

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