Miscellaneous Application No. 1129/2011.

          The prayer in the application is for modification of the name of the appellant as it is stated that the partnership firm-M/s. Venus Arts, which filed the complaint and the appeal has been dissolved during the pendency of the appeal, which fact could not be brought to the notice of the Commission and substitution of the persons, who become competent to pursue the matter, was not sought within time.  It is stated that the other partner had indulged in some criminal activity and has gone abroad and therefore, the applicant-Manotosh Mohanta is the only person who is entitled to the amount under the award.  It is stated that the respondent-bank had issued a cheque in the name of the appellant-Venus Arts but in view of the change in the circumstances, the said cheque cannot be deposited in the account of Venus Arts and encashed, as there is no such account.   

2.      In the above circumstances, we grant the prayer and direct the name of Manotosh Mohanta to be substituted as the appellant.  The order passed in appeal shall stand modified to that extent.  We make it clear that this order is being passed in the peculiar facts and circumstances and that the respondent-bank had already issued a

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cheque in favour of the appellant-M/s. Venus Arts and  will not constitute precedent.

          Copy of the order dasti to the counsel for the petitioner.