Basant Agro Tech (I) Ltd. Thr. ... vs New India Assurance Co. Ltd. Thr ...
2016 Latest Caselaw 159 Bom

                                      1
                                                                     wp158.16.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                
                    NAGPUR BENCH, NAGPUR




                                                        
                         Writ Petition No.158 of 2016


      Basant Agro Tech (I) Ltd.,
      through Manager and Power of Attorney




                                                       
      Holder Shri Rajendra Sukhdeorao
      Tayade,
      Aged about 51 years,
      Occupation - Service,
      R/o Patrakar Colony, Akola,




                                         
      Distt. Akola.                                       ... Petitioner

           Versus
                             
      1. New India Assurance Co. Ltd.,
                            
         through Regional Manager,
         Dr. Ambedkar Bhawan,
         M.E.C.L. Premises,
         4th Floor, High Land Drive,
         Seminary Hills,
      


         Nagpur-440006.
   



      2. The Divisional Manager,
         New India Assurance Co. Ltd.,
         The Akola District Central 
         Co-op. Bank Ltd.,





         3rd Floor, Old Cotton Market,
         Tilak Road, Akola,
         Tq. and Distt. Akola.

      3. The Development Officer,
         New India Assurance Co. Ltd.,





         The Akola District Central 
         Co-op. Bank Ltd.,
         3rd Floor, Old Cotton Market,
         Tilak Road, Akola, Old Cotton
         Market, Tilak Road, Akola,
         Tq. and Distt. Akola.




    ::: Uploaded on - 29/02/2016                        ::: Downloaded on - 31/07/2016 07:06:54 :::
                                          2
                                                                          wp158.16.odt




                                                                                     
      4. The Hon'ble State Consumer 
         Disputes Redressal Commission,




                                                             
         Maharashtra State,
         Administrative Building No.1,
         Civil Lines, Nagpur-440001.                            ... Respondents




                                                            
      Shri V.K. Paliwal, Advocate for Petitioner.
      Shri A.J. Pophaly, Advocate for Respondent Nos.1 to 3.
      Shri V.P. Gangane, AGP for Respondent No.4.




                                              
                    Coram : R.K. Deshpande, J.

                    Dated  : 29    February, 2016
                                th
                                                  
                            
       Oral Judgment :

1. Rule, made returnable forthwith. Heard finally by consent of

the learned counsels appearing for the parties.

2. The State Consumer Disputes Redressal Commission, Bench

at Nagpur, has dismissed First Appeal No.A/09/181 by an order

dated 3-12-2015. The matter was called out at 12.00 noon. The

counsel for the petitioner, the appellant before the State Commission,

was not present. The State Commission has observed that in spite of

granting an opportunity to file the written notes of arguments, the

same were not placed on record, and the counsel for the

wp158.16.odt

petitioner/appellant was not present. Thus, the appeal was dismissed

in default. At 12.30 p.m., the counsel for the petitioner/appellant

approached the State Commission with a request to set aside the order

of dismissal of the appeal in default with permission to file the written

notes of arguments. This request has been rejected on the ground that

the State Commission has no jurisdiction to set aside the dismissal of

the matter in default. Hence, this petition by the original appellant.

3.

The State Commission has no jurisdiction to restore the

matter, dismissed in default, is the proposition, which can no longer

be disputed. The sufficient cause has been shown for restoration of

the matter, and for permission to file the written notes of arguments.

In view of this, the order passed by the State Commission will have to

be quashed and set aside and the appeal filed by the

petitioner/appellant will have to be restored.

4. In the result, the petition is allowed. The order

dated 3-12-2015 passed by the State Consumer Disputes Redressal

Commission, Bench at Nagpur, in First Appeal No.A/09/181, is hereby

quashed and set aside. The said appeal is restored, and the State

Commissioner shall decide the same on its own merits and in

wp158.16.odt

accordance with law. The parties to appear before the State

Commission on 14-3-2016, and prior to that, the petitioner/appellant

shall file the written notes of arguments, with a copy in advance to the

respondents.

5. Rule is made absolute in above terms. No order as to costs.

                              ig                            Judge.
       Lanjewar