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Judgment
MA No. 47 of 2022 in RA No. 105 of 2021 in RP No. 3819 of 2014
The revision petition no. 3819 of 2014 was dismissed vide this Commission’s Order dated 15.09.2020. A review application no. 105 of 2021 was filed on 18.11.2021. The review was listed in chamber. It was noted that the prescribed period of limitation to file for review was 30 days, the review application was heavily time-barred and the Hon’ble Presiding Member who had passed the Order had since demitted office. Finding no reason evident to condone the delay and consider the heavily time-barred review application, the review application was dismissed vide Order dated 07.12.2021. This miscellaneous application seeks recall / clarification of the said Order of 07.12.2021.
Learned counsel submits that after the Order dated 15.09.2020 was passed by this Commission to dismiss the revision petition, he has filed a review application on 18.12.2020 through e-filing. However the same was misplaced in the Registry of this Commission. He therefore again filed a fresh application on 18.11.2021. Learned counsel also submits that the filing of the review application was delayed due to the prevalent COVID-19 situation. He further submits that Hon’ble Supreme Court has excluded the period from 15.03.2020 to 28.02.2022 in computing limitation. The submission is that his review application may not be treated as time-barred.
Without delving much deeper into the contentions made, in order to afford fair opportunity to the applicant the Order dated 07.12.2021 vide which the review application was dismissed principally on ground of limitation is being recalled. The review application no. 105 of 2021 shall hereinafter be considered afresh. The miscellaneous application no. 47 of 2022 stands disposed of accordingly.
RA No. 105 of 2021 in RP No. 3819 of 2014
We have heard the learned counsel on the review application no. 105 of 2021.
We note that the District Commission had partly allowed the complaint, the State Commission had dismissed the appeal and the revision filed before this Commission under Section 21(b) of the Act 1986 was dismissed vide the Order dated 15.09.2020. We also note that the Hon’ble Presiding Member who passed the Order of 15.09.2020 has since demitted office. The perusal of Order dated 15.09.2020 shows that the same is self-contained and self-speaking. We find no good reason or persuasive ground to review the said Order.
The review application no. 105 of 2021 stands dismissed.
The Registry is requested to send a copy each of this Order to all parties and to their learned counsel immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.