NCDRC

NCDRC

RP/2731/2012

SHIRISHKUMAR MAYACHAND MODI - Complainant(s)

Versus

DISTRICT TELECOM MANAGER - Opp.Party(s)

MR. VIKAS MEHTA

28 Aug 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2731 OF 2012
 
(Against the Order dated 16/03/2012 in Appeal No. 245/2012 of the State Commission Gujarat)
1. SHIRISHKUMAR MAYACHAND MODI
R/o Modi Kunj,Amri Road,Palanpur, Ta. Palanpur
Banaskantha
Gujarat
...........Petitioner(s)
Versus 
1. DISTRICT TELECOM MANAGER
res Telecom Building,Joravar Palce
Palanpur - 385001
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Ms. Aditi Mishra, proxy counsel for
Mr. Vikas Mehta, Advocate
For the Respondent :

Dated : 28 Aug 2014
ORDER

Petitioner has filed the above noted application for recall of order dated 21.7.2014 passed by this Commission.

Petitioner is not present today in spite of specific directions passed on the last date of hearing to this effect.

It is stated by Ms. Aditi Mishra, that Shri Vikas Mehta, Advocate for the petitioner is busy in Supreme Court in a part-heard matter. For last three consecutive dates, Shri Mehta is not appearing  in this case on the ground that he is busy in the Supreme Court.

 Order dated  21.7.2014 passed by this Commission read as under :

“For the Petitioner     : Mr. Sidharth Kaushik, proxy counsel for

                                  Mr. Vikas Mehta, Advocate

 

Dated : 21st July, 2014

 

                                                            ORDER

             

It is stated that arguing counsel has not come.

 

The present revision petition came up for hearing before this Commission on 12.10.2012.  Since then, adjournments had being sought on behalf of the petitioner, on one ground or the other.  Moreover, adjournment costs were also imposed on the petitioner on numerous occasions.

 

In the interest of justice, one more opportunity is granted to the petitioner subject to payment of Rs.20,000/- as adjournment cost to be deposited by the petitioner by way of demand draft with “Consumer Legal Aid Account” of this Commission within four weeks.

 

In case, petitioner fails to comply with above directions within the specified period, then the present revision shall stand dismissed automatically without any further order.

 

Petitioner is directed to appear in person so as to apprise this Commission, as to whether he is interested in pursuing the present petition or not.

 

List on 28.08.2014.

 

Copy of this proceeding be sent to the petitioner”.

 

Today neither petitioner nor his arguing counsel is present. Moreover, adjournment cost of  Rs.20,000/-  imposed upon the petitioner earlier has not been deposited within the specified period. Since, order dated 21.7.2014 was conditional one and as the same has not been complied within the prescribed period, therefore, the present petition stand dismissed accordingly.

 File be consigned to record room.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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