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Judgment
RA no. 50 of 2023
None appears for the Respondent nor any written synopsis filed.
The record shows the Respondent had not appeared even on the last date (16.10.2023).
Heard Ld. Counsel for the Petitioner.
Perused the impugned order passed by the Ld. Maharashtra, State Consumer Disputes Redressal Commission in First Appeal No.FA/17/279 which was dismissed for want of prosecution on 28.06.2018.
No appearance had been put in on behalf of the Petitioner /Appellant on that date, and also on the previous date.
It has been made out in the Revision Petition that its Counsel Mr. Shivraj Patil had not appeared before the Ld. State Commission during pendency of the Appeal on account of which the same was dismissed for Non-Prosecution.
Ld. Counsel for the Petitioner has relied upon an earlier decision of this Commission in “ RP No.3303 of 2014, M/s. Specialist Hospital & Ors, Vs. Jesus John, decided on 29.10.2014” in which the Appeal was dismissed for Non-Prosecution by the State Commission on account of mistake on the part of the concerned Counsel of the Petitioner, was allowed.
He has also relied upon another decision of this Commission in “RP No.3145 of 2014, M/s. New India Assurance Company Vs. Neelam Kumar Jain, decided on 17.10.2024.” in which in a similar situation the Appeal of the Petitioner dismissed by the State Commission was Ordered to be restored subject to payment of costs.
In the given circumstances, this would also appear to be a fit case for allowing the present Revision Petition in order to grant an opportunity to the Petitioner to have the matter finally decided on merits instead of a mere technical dismissal.
Consequently, the Revision Petition is allowed after setting aside the Impugned Order of the Ld. State Commission, but subject to payment of further costs Rs.5,000/- to the respondent which shall be in addition in the amount of Rs.10,000/- already directed on 25.02.2019.
The First Appeal No.FA/17/279 of the Ld. State Commission consequently stands restored to its file, and the Ld. State Commission is requested to decide the said appeal in accordance with law as expeditiously as possible.
The Petitioner is directed to now appear before the Ld. State Commission on 14.12.2023. Copy of this Order be delivered to the Ld. Counsel for the Petitioner “Dasti”.