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Judgment
Review Application no. 438 of 2023 (for review)
In Chamber
This review application has been filed by the opposite party in FA no. 476 of 2021 seeking review of the order dated 23.10.2023 remanding the matter to the State Commission. The matter was remanded to the State Commission on the submission of the appellant that the claim amount of Rs.97,12,107.58 was within the pecuniary jurisdiction of the State Commission. Proxy counsel appearing on behalf of the respondent had stated that he had no objection if the matter was remanded to the State Commission and accordingly, the matter had been remanded to the State Commission with the directions to the parties to appear before it on 01.12.2023.
Review application no.438 of 2023 filed by the respondent which has been filed after a delay of 14 days which is sought to be condone on the ground that the main counsel had meet with a car accident. The ground for the review is that the proxy counsel appearing on his behalf did not present the case properly and that the appellant had wrongly represented the calculation.
In view of the fact that the State Commission had dismissed the case on the grounds of pecuniary jurisdiction when in fact it was within its jurisdiction as stated by the appellant himself, we find no reasons to reconsider the impugned order dated 23.10.2023. The review application is accordingly dismissed as without merits.