State Consumer Disputes Redressal Commission
M/S. Giriraj Enterprises And Ors. vs Dr. Manojhar S. Ketkar And Ors. on 2 February, 2017
A/01/64 1/3
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
Appeal No. A/01/64
(Arisen out of order dated 07/09/2000 in Complaint No.140/1996, District
Forum, Nashik)
1.Girija Enterprises, Having office at:
Rahalkar Chambers, Old Agra Road, Ashok Stambh, Nashik.
2. Jayant Vasudev Deshmukh, R/at Rahalkar Chambers, Old Agra Road, Ashok Stambh, Nashik. .........../appellant(s) Versus
1. Dr.Manohar Shripad Kelkar, Shop No.6, First Floor, Gole Complex, Old Agra Road, Nashik 422 002.
2. Mr.Jayant Raghunath Karpe, Shop No.21, Ground Floor, Gole Complex, Old Agra Road, Nashik 422 002.
3. Dr. Mrs. Madhukar Mohan Patel, Office No.4, 1st Floor, Gole Complex, Old Agra Road, Nashik 422 002.
4. Dr. Sanjiv Shantanu Torne, Shop No.5, 1st Floor, Gole Complex, Old Agra Road, Nashik 422 002.
5. Dr. Umesh Torne, Shop No.14, 1st Floor, Gole Complex, Old Agra Road, Nashik 422 002.
6. Dr. Govind Thakur, Shop No.11, Gole Complex, Old Agra Road, Nashik 422 002.
7. Dr.Hemant Janardan Kotwal, ............Respondent (s) A/01/64 2/3 Shop No.31, 32, Ground Floor, Gole Complex, Old Agra Road, Nashik 422 002.
8. Dr.Ramesh Rajaram Patil, Shop No.14, 2nd floor, Gole Complex, Old Agra Road, Nashik 422 002.
9. Shri Ratnakar Vithal Patwardhan, R/at Godawari Bungalow, Tarwala Nagar, Dindori Road, Panchavati, Nashik 422 004.
10. Smt. Kusum Vithal Patwardhan, R/at Godawari Bungalow, Tarwala Nagar, Dindori Road, Panchavati, Nashik 422 004.
BEFORE:
Usha S. Thakare - Presiding Judicial Member ORDER This appeal was lying on sine-die list. It was taken out from sine-die list. Notices were issued to both the parties at the instance of this Commission. None present for the appellant. Advocate Mr.Chandwadkar is present for the respondent nos.1,2,4,5,6,7,8 and 9. Notice issued to respondent no.3 - Madhuben M. Patel is returned with the remark "Left". Her latest address is not available with this Commission. Son of Respondent no.10 Mr.Ratnakar Patwardhan has submitted that Respondent no.10 is no more. She passed away on 1st January, 2005. Her death certificate is filed on record. Advocate Mr.Chandwadkar has filed his vakalatnama for other respondents. Notices issued to appellants are not yet returned back.
Notice issued to appellant no.1 - Girija Enterprises is not returned back. Report from website of India Post shows that there was an attempt to deliver the article but the appellant left India. Notice issued to Appellant no.2 -A/01/64 3/3
Jayant Deshmukh is not returned back. Track Report is collected from Website of India Post. It shows that "item delivery attempted LEFT INDIA". Notices were issued to the appellants on the address available with the Commission. Addresses of the appellants are mentioned in appeal memo. The appellants have not submitted their new addresses. This Commission has no other means to find out new addresses of the appellants. Under these circumstances, it is not desirable to prolong old appeal of the year 2001. Appeal is dismissed in default. Parties to bear their own costs.
Later on at 03.30 p.m. after departure of the respondents Advocate Mr.Sumit Kate instructed by Advocate Mr.Uday Warunjikar appeared without any authority letter. He has requested for restoration of appeal. He wants to take instructions from his client.
Pronounced on 2nd February, 2017.
[Usha S. Thakare] Presiding Judicial Member ep