Madhukar S/O. Sheshrao Kale vs Provincial Tractors, Through Its ...
2017 Latest Caselaw 1772 Bom

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   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR

                   Writ Petition No.5512 of 2015


  Madhukar s/o Sheshrao Kale,
  Aged about 65 years,
  Occupation - Business,
  R/o Ogle Road, 
  Gandhi Gate, Mahal,
  Nagpur, Tq. and Distt. Nagpur.                     ... Petitioner


        Versus


  Provincial Tractors Pvt. Ltd.,
  through its Authorized Signatory
  Arun Agrawal,
  Aged about Adult,
  R/o Plot No.44, Jalaram Nagar,
  Near Railway Crossing,
  Old Bhandara Road,
  Nagpur, Tq. and Distt. Nagpur.                     ... Respondent


  Shri S.A. Mohta, Advocate for Petitioner.
  Shri H.V. Thakur, Advocate for Respondent.

                Coram : R.K. Deshpande, J.

th Dated : 17 April, 2017

Oral Judgment :

1. Rule, made returnable forthwith. Heard finally by

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consent of the learned counsels appearing for the parties.

2. Complaint Case No.CC/14/5, registered in the State

Consumer Disputes Redressal Commission, Circuit Bench at

Nagpur, has been dismissed in default on 9-7-2015. It was the

application for condonation of delay caused in filing a complaint,

which was dismissed in default. Shri Mohta, the learned counsel

for the petitioner, assures that the petitioner shall remain present

at 11 a.m. before the regular Bench, which is now constituted at

Nagpur, on any fixed date and shall not seek adjournment.

3. In view of the aforesaid statement, the order

dated 9-7-2015 passed by the State Consumer Disputes Redressal

Commission, Circuit Bench at Nagpur, in Complaint Case

No.CC/14/5, is hereby quashed and set aside. The application

for condonation of delay along with the complaint is restored.

The parties to appear before the Commission on 19-6-2017. The

petitioner to pay the costs of Rs.2,000/- to the respondent. If the

petitioner fails to appear on the next date at 11 a.m., he shall be

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liable to pay the costs of Rs.10,000/- to the respondent. If the

petitioner appears before the Commission, the Commission to

hear the matter and decide it in accordance with law.

4. The petition is allowed and disposed of. No order as to

costs.

Judge

Lanjewar