Circuit Bench Nagpur

StateCommission

MA/22/11

VILAS S.O.NARYANRAO KAROLE - Complainant(s)

Versus

MILIND S.O. VIVEKRAO JOSHI - Opp.Party(s)

MANISH R. DHAWDA

06 Sep 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
Miscellaneous Application No. MA/22/11
( Date of Filing : 12 Apr 2022 )
In
First Appeal No. A/22/97
 
1. VILAS S.O.NARYANRAO KAROLE
R.O. PLOT NO 637, DATTATRAYA NAGAR , NAGPUR 440024 MAHARASHTRA
2. SHARAD S.O.NARYANRAO KAROLE
R.O. PLOT NO 637, DATTATRAYA NAGAR , NAGPUR 440024 MAHARASHTRA
...........Appellant(s)
Versus
1. MILIND S.O. VIVEKRAO JOSHI
R.O. NEAR GANPATI MANDIR , NAIK ROAD, MAHAL NAGPUR MAHARASHTRA
2. SHRI GAJANAN LAND DEVELOPERS
OFFICE AT 507, PROFESSOR COLONY , HANUMAN NAGAR NAGPUR MAHARASHTRA
3. LALITA W.O. BABASAHEB AKHADE
PARTNER CUM PROPRIETOR OF SHRI GAJANAN LAND DEVELOPERS , R.O. MATTIPURA , NEAR TRIPAL P JIM SIRASPETH , NAGPUR MAHARASHTRA
4. KISHOR NAMDEORAOJI TELANG
PARTNER OF SHIR GAJANAN LAND DEVELOPERS OFFICE AT 507, PROFESSOR COLONY , HANUMAN NAGAR , NAGPUR MAHARASHTRA.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE S.P. TAVADE PRESIDENT
 HON'BLE MR. A. Z. KHWAJA JUDICIAL MEMBER
 
PRESENT:
 
Dated : 06 Sep 2022
Final Order / Judgement

Perused application for condonation of delay in filing appeal against the impugned order passed by Additional District Consumer Commission, Nagpur. It is contended that the complaint was decided on 11.3.2020. It is contended that the applicant received the notice for execution of order on 15th September,2021 and he came to know about passing of the order in the matter. It is contended that there is a delay of 643 days in preferring the appeal. It is contended that the judgement of the Apex Court in Sou Motu Writ Petition No.WP/3/2022 is squarely applicable  to the facts of the present case and hence delay may be condoned and the appeal may be admitted.

               Perused the application. Heard advocate for the applicant. In view of the judgment of the Hon’ble Apex Court in Sou Motu Writ Petition No.WP/3/22 relaxation from limitation is required to be given during the Covid-19  period from 15th March,2020 to 22nd of February,2022. In the present case, the complaint was decided on 11 March,2020 and the copy of the same was received by the applicant in the interveining period. Therefore the ratio led down by the Hon’ble Apex Court is squarely applicable to the facts of the case. Hence the delay caused is required to be condoned. Hence we pass the following order..

ORDER

         The application is allowed and the delay in preferring appeal is hereby condoned. Hence the application is disposed off.

 
 
[HON'BLE MR. JUSTICE S.P. TAVADE]
PRESIDENT
 
 
[HON'BLE MR. A. Z. KHWAJA]
JUDICIAL MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.