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Shri Rohit G. Mehta and Others Vs. Avinash T. Bhosale Development Officer Lic of India, Andheri (W), Mumbai and Others - Court Judgment

SooperKanoon Citation

Court

Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Decided On

Case Number

First Appeal No.1394 of 2005 & @ Misc.Appl.No.1292 of 2009 (In Consumer Complaint No.161 of 2003)

Judge

Appellant

Shri Rohit G. Mehta and Others

Respondent

Avinash T. Bhosale Development Officer Lic of India, Andheri (W), Mumbai and Others

Excerpt:


oral order: per shri p.n. kashalkar, honble presiding judicial member none present for the appellants. we have received a letter from shri rohit g. mehta and others by post. they are appellants in appeal no.1394/2005. they sent this application for withdrawal of the appeal since according to them respondents are again informed to start dialogue and they are hopeful that matter involved in this appeal will be resolved through mutual consent. they had also made a grievance that they want to withdraw this appeal since matters of 1999 are being taken by this commission for final hearing and their matter is of 2005. in any view of the matter, appeal of 2005 cannot be taken up on priority basis unless appellant or respondent is a senior citizen or disabled person or widow. since, 1999 matters are quite old they are being given priority as per directions of bombay high court. despite their grievance, we cannot give priority to their appeal. even otherwise they want to withdraw the appeal as there is likelihood of compromise. hence, the following order:- order: 1. application is allowed. 2. appeal stands dismissed as withdrawn. 3. copies of the order be furnished to the parties.

Judgment:


Oral Order:

Per Shri P.N. Kashalkar, Honble Presiding Judicial Member

None present for the appellants.

We have received a letter from Shri Rohit G. Mehta and others by post. They are appellants in Appeal No.1394/2005. They sent this application for withdrawal of the appeal since according to them respondents are again informed to start dialogue and they are hopeful that matter involved in this appeal will be resolved through mutual consent. They had also made a grievance that they want to withdraw this appeal since matters of 1999 are being taken by this Commission for final hearing and their matter is of 2005. In any view of the matter, appeal of 2005 cannot be taken up on priority basis unless appellant or respondent is a senior citizen or disabled person or widow. Since, 1999 matters are quite old they are being given priority as per directions of Bombay High Court. Despite their grievance, we cannot give priority to their appeal. Even otherwise they want to withdraw the appeal as there is likelihood of compromise. Hence, the following order:-

Order:

1. Application is allowed.

2. Appeal stands dismissed as withdrawn.

3. Copies of the order be furnished to the parties.


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