Sau. Mariyam Samad Mulla Vs. Dr. Sau. Asha Sadanand Joshi and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1110916
CourtMaharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided OnNov-12-2009
Case NumberFirst Appeal No.1022 of 2008 (Consumer Complaint No. 171/2005)
JudgeJustice Mr. S.B. Mhase, Hon'ble President Mr. S.R. Khanzode, Hon’ble Judicial Member.
AppellantSau. Mariyam Samad Mulla
RespondentDr. Sau. Asha Sadanand Joshi and Another
Excerpt:
oral order:- per justice mr. s.b. mhase, honble president: none is present for both the parties. this matter was presented on 04/02/2008. thereafter, from the order dated 22/07/2008 it appears that the appellant was present and he was given a date 02/12/2008 and accordingly, advocate/ authorised representative for the appellant has signed the date. the matter appeared on 02/12/2008 when the appellant was present in person and on its oral request the matter was adjourned to 08/04/2009. it appears that thereafter the matter was listed on 21/07/2009. on this day the respondent was present. he made a grievance that the documents, appeal memo etc. have not been furnished therefore, the appellant was directed to give the said documents within 15 days and the matter was adjourned to 12/11/2009. today the appellant as well as the respondents both are absent. it appears that the appellant is not prosecuting the matter diligently and probably his grievance is seems to be redressed. hence, we pass the following order:- order-: 1. appeal stands dismissed for non prosecution. 2. parties are left to bear their own costs. 3. copies of the order herein be furnished to the parties.
Judgment:

Oral Order:-

Per Justice Mr. S.B. Mhase, Honble President:

None is present for both the parties.

This matter was presented on 04/02/2008. Thereafter, from the order dated 22/07/2008 it appears that the appellant was present and he was given a date 02/12/2008 and accordingly, Advocate/ Authorised Representative for the appellant has signed the date. The matter appeared on 02/12/2008 when the appellant was present in person and on its oral request the matter was adjourned to 08/04/2009. It appears that thereafter the matter was listed on 21/07/2009. On this day the respondent was present. He made a grievance that the documents, appeal memo etc. have not been furnished therefore, the appellant was directed to give the said documents within 15 days and the matter was adjourned to 12/11/2009. Today the appellant as well as the respondents both are absent. It appears that the appellant is not prosecuting the matter diligently and probably his grievance is seems to be redressed. Hence, we pass the following order:-

Order-:

1. Appeal stands dismissed for non prosecution.

2. Parties are left to bear their own costs.

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