Before
the Hon’ble National Consumer Disputes Redressal
Commission, Upbhokta Naya Bhawan, ‘F’ Block, GPO Complex, INA,
New Delhi – 110 023.
M.A.
no. _____________of 2013.
(
From the Order dated 12.11.2013, in First Appeal No. FA/464/2013, of the
Hon’ble National Consumer Disputes Redressal Commission, New Delhi )
In
the matter of :
An application for restoration and/or recalling the Order
dated 12-11-2013, passed by the Hon’ble National Consumer Disputes Redressal
Commission, in F.A. no. 464 of 2013{
Smt. Aruna Srinivasan, represented through her Constituted Attorney Smt.
Sandhya Suresh, - Versus – Sri Shyamalendu Roy and others }, filed as on 17-06-2013;
A
N D
In
the matter of :
Smt.
Aruna Srinivasan, Wife of Sri Shrinivasan Kulathu Iyer, presently residing at
premises being Unit – 10, 2-6, Priddle Street, Westmead, NSW, 2415, Australia,
and Permanent Address at Premises being No. 29, Naresh Mitra Sarani, ( Beltola
Road ), Flat no. 5, Kolkata – 700 025, being represented herself through her
Constituted Attorney Smt. Sandhya Suresh, Wife of Jayaraman Suresh, residing at
Premises being No. 29, Naresh Mitra Sarani, ( Beltola Road ), Flat no. 5,
Kolkata – 700 025.
__________Appellant /
Petitioner.
-
Versus –
1.
Sri Shyamalendu Roy, Son of Late
Sudhendu Ranjan Roy, residing at premises being no. 2 / 104, West Putiary,
Thakurpukur, Kolkata - - 700 041.
2.
Smt. Nilima Roy, Wife of Late
Chittaranjan Roy, residing at premises being no. 63D, Road No. 1, Ashok Nagar,
Post Argora, Ranchi, Pin – 834002, State – Jharkhand.
3.
M/s. Shelter, a Sole Proprietorship
Firm, having it’s Office at premises being no. 7 / 6, Poddar Nagar, Police
Station – Jadavpur, Kolkata – 700 068, represented by it’s Sole Properitor Sri Asish Bal, Son of Late Sukumar Bal, residing
at premises being no. 7 / 6, Poddar Nagar, Police Station – Jadavpur, Kolkata –
700 068.
__________Respondents
/ Opposite Parties.
To,
The
Hon’ble President and his companion Members of the National Commission.
The restoration
application in First Appeal of the appellant /
Petitioner above named most respectfully Sheweth as under :-
- This
is an application
for restoration and / or recalling the Order dated 12-11-2013,
passed by the Hon’ble National Consumer Disputes Redressal
Commission, in F.A. no. 464 of
2013, { Smt. Aruna Srinivasan, represented through
her Constituted Attorney Smt. Sandhya Suresh, - Versus – Sri Shyamalendu
Roy and others }, filed as on 17-06-2013.
- That
on 12-11-2013, the First appeal being FA/464/2013, has been listed under
heading ( ADMISSION HEARING ( AFTER NOTICE ) ), in Serial number 14,
before Hon’ble Bench No.1, and Before the Hon’ble Mr. Justice D.K. Jain,
President, Hon’ble Mrs. Vineeta Rai, Member, and Mr. Vinay Kumar, Member, and
whereas the Learned Advocate of the appellant / petitioner could not
appear before the Hon’ble National Consumer Disputes Redressal Commission,
New Delhi, due to his suffering from high fever, and whereas the Hon’ble
National Consumer Disputes Redressal Commission, New Delhi, was pleased to
pass necessary order and dismiss the said Appeal for non-attendance.
- That
the Petitioner states and submits that as the Learned Advocate was
suffering from high fever during such period, he communicated through his Letter
being reference no. AKS / AS / 1798 / 13, dated 11th day of
November’ 2013, addressed to the Hon’ble Registrar, Hon’ble National
Consumer Disputes Redressal Commission, New Delhi, vide Speed Post and
Courier services, and whereas such services did only cause upon the
Hon’ble Registrar, Hon’ble National Consumer Disputes Redressal
Commission, New Delhi, on 13th day of November’ 2013, and
therefore the said communication of the Learned Advocate, did not reach on
12th day of December’ 2013, and thus the same has not been
communicated and or placed before the Hon’ble Bench no.1, of the Hon’ble
National Consumer Disputes Redressal Commission, New Delhi, resulting
which, the Hon’ble National Consumer Disputes Redressal Commission, New
Delhi, was pleased to pass necessary order and dismiss the said Appeal for
non-prosecution.
- That
the petitioner states that the Learned Advocate of the petitioner could
not came into the knowledge about such dismissal order dated 12-11-2013,
as the same has not been updated at the Website of the Hon’ble National
Consumer Disputes Redressal Commission, New Delhi, and whereas only on 17th
day of December’ 2013, while the updation regarding the case matter has
been given as Disposed off, though the detailed order has not been given
and or updated, therefore the Learned Advocate, tried and contacted the
office of the Hon’ble National Consumer Disputes Redressal Commission, New
Delhi, over phone, and thereby came to know that the matter has been dismissed
on 12-11-2013 by Their Lordships, the
Hon’ble Mr. Justice D.K. Jain, President, Hon’ble Mrs. Vineeta Rai,
Member, and Mr. Vinay Kumar, Member, due to non-attendance of the case.
- That
the petitioner is enclosing herewith a print out copy of the case status
as has obtained from the web site of the Hon’ble National Consumer
Disputes Redressal Commission, New Delhi, on 17th day of
December’ 2013, which shows as “Disposed off”.
- That
the petitioner is enclosing herewith the Learned Advocate’s Letter being
reference no. AKS / AS / 1798 / 13, dated 11th day of November’
2013, and postal receipt, courier receipt and acknowledgment of services,
download from the website, collectively.
- That
the petitioner placed his unconditional apology for such non appearance of
the Learned Advocate, in his appeal being FA / 464 / 2013, called on
hearing on 12-11-2013, due to suffering of his Learned Advocate from
illness of high fever, which was beyond his control.
- That
That the Petitioner states that when
the said appeal matter was called for hearing on 12-11-2013 by Their Lordships, the
Hon’ble Mr. Justice D.K. Jain, President, Hon’ble Mrs. Vineeta Rai,
Member, and Mr. Vinay Kumar, Member, the matter was dismissed due to non-attendance of the case.
- That the petitioner states that The
Learned Advocate appearing on behalf of the appellant / petitioner could
not attend The Court on 12-11-2013 due to his illness of high fever.
- That the petitioner states that until and
unless said Appeal being FA/464/2013, is restored and/or recalled the
Order dated 12-11-2013, the petitioner will suffer irreparable loss and
injury apart from prejudice.
- That the petitioner / appellant states
that there were no willful larches on behalf of the appellant /
petitioner.
- That the present application is made
bona fide and for the ends of justice.
Under the aforesaid circumstances, Your
petitioner appellant most humbly prays that Your Lordships may graciously be
pleased to pass an order by recalling the Order dated 12-11-2013, in FA / 464 /
2013, passed by Their Lordships, the
Hon’ble Mr. Justice D.K. Jain, President, Hon’ble Mrs. Vineeta Rai, Member, and
Mr. Vinay Kumar, Member, and/or
to restore the appeal being FA / 464 / 2013, and/or to pass such other
Order/Orders as to Your Lordships may deem fit and proper.
And for this
act of kindness, Your petitioner, as in duty-bound shall ever pray.
AFFIDAVIT
Affidavit
of Smt. Sandhya Suresh, Wife of Jayaraman
Suresh, aged about _______ years, by faith Hindu, by Occupation Service,
residing at Premises being No. 29, Naresh Mitra Sarani, ( Beltola Road ), Flat
no. 5, Kolkata – 700 025.
I, the
above named
deponent
do hereby solemnly affirm and declare as under :-
1 :
That I am the Constituted Attorney of the Appellant / petitioner in the
above case, thoroughly conversant with the facts and circumstances of the
present petition, and am competent to swear this affidavit.
2
: That the facts contained in my application for restoration, the contents of
which have not been repeated herein for the sake of brevity may be read as an
integral part of this affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I,
the above named deponent do hereby solemnly verify that the contents of my
above affidavit are true and correct to my knowledge, and no part of it is
false and nothing material has been concealed therein.
Verified
this ………….the day of …………….2013, at the Alipore, Kolkata, South 24-Parganas.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
:……………………………2013.
Place
: Alipore, South 24-Parganas.
N O T A R Y
Before the Hon’ble National Consumer Disputes Redressal
Commission, Upbhokta
Naya Bhawan, ‘F’ Block, GPO Complex, INA, New Delhi – 110 023.
M.A.
no. _______________of 2013.
( From the
Order dated 12-11-2013, in FA / 464 / 2013, passed by the Hon’ble National
Consumer Disputes Redressal Commission, New Delhi )
In the matter
of :
Smt. Aruna
Srinivasan.
______Appellant / Petitioner.
-
Versus
–
Snri
Shyamalendu Roy and Others. _______Respondents / Opposite Parties.
RESTORATION
APPLICATION
Advocate – On
– Record :
Ashok Kumar
Singh, Advocate.
High Court Bar
Association Room No. 15, High Court at Calcutta.
Mobile No.
9883070666 / 9836829666. E-mail : aksinghadvocate@rediffmail.com
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