Order No:02 Date: 21 /05/2024
Today is fixed for hearing of this MA Case which has been filed by OP No. 2 of CC Case No. 111/2023 for setting aside the order of ex-parte hearing against OP No. 2 which is passed on 26.09.2023.
This matter has been contested by OP but no W/O has been filed. In course of hearing Ld. Advocate for the complainant side raised verbal objection.
Heard both sides. Considered submission.
Perused the application which has been filed in this MA Case and also examined the application which has been filed for condonation of delay.
For the purpose of arriving at just and proper decision in this MA Case there is urgent necessity of making scrutiny of the material of this case record as well as of the case record of CC Case No. 111/2023 wherefrom this MA Case has been generated. On close examination of the material of the above noted two case records, it is revealed that the order of exparte hearing against OP No.2 has been passed on 26.09.2023 but this MA Case has been filed on 12th March, 2024 which is after the delay of almost 5(five) months. For condonation of delay one petition u/s 5 of Limitation Act has been filed but on close scrutiny of the said petition for condonation of delay , it is revealed that the reason of delayed filing of this MA Case has not been explained . More so, there is no day today explanation for delayed filing of this MA Case. More so, in view of the decision of Hon’ble Apex Court which is passed in the case of “New Indian Assurance Company Limited Versus Hilli Multi-Purpose Cold Storage Private Limited “ there is scope before this District Commission to accept the W/V which has been filed after 45 days.
Considering all the above noted factors this District Commission finds that there is no scope for setting aside the order of exparte hearing and to accept the W/V.
In the result, it is accordingly,
Ordered
That this MA Case No. 22/2024 be and the same is dismissed on contest.
No order is passed as to cost.
Dictated & corrected by me
President
