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The Divisional Manager New India Assurance Co. Ltd., Mumbai Vs. Abdul Rahid Mansuri Prop. M/S. Sagar Enterprises Naya Nagar, Mira Road, Thane - Court Judgment

SooperKanoon Citation

Court

Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Decided On

Case Number

First Appeal No.1628 of 2008 @ Misc.Appl.Nos.2292 of 2008 & 2293 of 2008 (In Consumer Complaint No.396 of 2006)

Judge

Appellant

The Divisional Manager New India Assurance Co. Ltd., Mumbai

Respondent

Abdul Rahid Mansuri Prop. M/S. Sagar Enterprises Naya Nagar, Mira Road, Thane

Excerpt:


oral order:- per shri s.r. khanzode, honble presiding judicial member none is present for the appellant. this appeal is directed against the order/award dated 23/09/2008 passed in consumer complaint no.396/2006 mr.abdul rashid mansuri v/s. new india assurance co. ltd. by south mumbai district consumer forum. there is delay of 60 days in filing appeal and therefore, application for condonation of delay bearing no.2292/2008 is filed. we have gone through the application. the application is not supported by any affidavit in proof of the facts stated therein. besides, the reasons given for delay in sub-para 3and4 of the application are quite unsatisfactory to condone the delay. we therefore find that delay being not satisfactory explained, application deserves to be dismissed. we hold accordingly and pass the following order:- order: 1. misc. appl. no.2292/2008 for condonation of delay stands dismissed. 2. consequently, appeal is not entertainable as barred by limitation. 3. no order as to costs. 4. misc. appl. no.2293/2008, which is for stay stands disposed of as infructuous. 5. copies of the order be furnished to the parties.

Judgment:


Oral Order:-

Per Shri S.R. Khanzode, Honble Presiding Judicial Member

None is present for the appellant.

This appeal is directed against the order/award dated 23/09/2008 passed in consumer complaint No.396/2006 Mr.Abdul Rashid Mansuri V/s. New India Assurance Co. Ltd. by South Mumbai District Consumer Forum.

There is delay of 60 days in filing appeal and therefore, application for condonation of delay bearing No.2292/2008 is filed.

We have gone through the application. The application is not supported by any affidavit in proof of the facts stated therein. Besides, the reasons given for delay in sub-Para 3and4 of the application are quite unsatisfactory to condone the delay. We therefore find that delay being not satisfactory explained, application deserves to be dismissed. We hold accordingly and pass the following order:-

Order:

1. Misc. Appl. No.2292/2008 for condonation of delay stands dismissed.

2. Consequently, appeal is not entertainable as barred by limitation.

3. No order as to costs.

4. Misc. Appl. No.2293/2008, which is for stay stands disposed of as infructuous.

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




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