Tribunals and CommissionsSingle Bench(2024) 01 NCDRC CK 0047

National Insurance Co. Ltd. & Anr vs Haresh Dhirajlal Badiyani

National Consumer Disputes Redressal Commission · Decided on 8 January 2024

HON’BLE JUDGES
Karuna Nand Bajpayee, Presiding Member
RESULT
Dismissed
CASE NUMBER
First Appeal No. 146 Of 2022

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Judgment

10 paragraphs · 233 words

Karuna Nand Bajpayee, Presiding Member

1.

Learned proxy counsel appearing on behalf of the appellant seeks further time to file fresh address.

2.

The perusal of the record shows that notice was issued on 16.03.2023 but the fresh address was not filed by the appellant.

3.

The matter then was taken up on 01.08.2023.  Further time was sought and granted to file fresh address. Order dated 01.08.2023 reads as follows:-

As prayed, one month’s time is allowed to the appellants for filing fresh address of the respondent.

List the matter on 06.12.2023.

4.

Office report dated 01.12.2023 shows that fresh address was not filed.  Even till today the same has not been filed and further time is being sought.  Request for further time is politely declined.

5.

The appeal stands dismissed in non-prosecution.

6.

However, in the interest of justice it may be observed that if the appellants are interested in pursuing the matter in right earnest with due diligence and feel aggrieved by this Order they may move appropriate application for recall of Order and restoration of appeal in accordance with law along with the fresh address of the respondent.

7.

The Registry is requested to send a copy each of this Order to all parties in the appeal and to the learned counsel for the appellant. The stenographer is requested to upload this Order on the website of this Commission immediately.