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Rajeev Hitendra Pathak & Ors vs Achyut Kashinath Karekar & Anr on 19 August, 2011

But subsequently, the issue involved, was referred to the larger Bench to consider the question as to whether the State Commission has the power to recall the ex parte order and the Larger Bench vide its judgment in case reported in (2011) 9 SCC 541 titled Rajeev Hitendra Pathank and others Vs. Achyut Kasinath Karekar and another, has held that District Forums and State Commission had not been given any powers to set aside ex parte orders and power of review and the powers, which have not been especially given by the Statute, cannot be exercised. The relevant paragraph No.10 of the judgment is reproduced as under:-
Supreme Court of India Cites 28 - Cited by 625 - D Bhandari - Full Document

Ircon International Limited Formerly ... vs Shri Ram Sayal And Sons Engineers Pvt ... on 16 September, 2016

9. Without going into the aforesaid controversy, otherwise also, the consent of a counsel will not give jurisdiction to the State Commission where it otherwise does not have it. The petition, as such, is liable to be allowed 5 OWP No. 680/2013 and the same is allowed. Order impugned dated 02.04.2013 passed by the J&K State Consumer Dispute Redressal Commission, Jammu in Complaint No.3324/22/09/2011 titled Pal Construction Company Vs. Akona Engineering Private Limited, is set aside.
Supreme Court - Daily Orders Cites 0 - Cited by 1 - Full Document

Jyotsana Arvindkumar Shah And Ors. vs Bombay Hospital Trust on 22 January, 1999

In the latter case i.e. New India Assurance case reference was not made to the earlier decision in Jyotsana case. Further the effect of the amendment to the Act in 2003 whereby Section 22A was introduced has the effect of conferment of power of restoration on the National Commission, but not to the State Commission. In view of the divergence of views expressed by coordinate Benches, we refer the matter to a larger Bench to consider the question whether the State Commission has the power to recall the ex parte order. Records be placed before the Hon'ble Chief Justice of India for appropriate orders."
Supreme Court of India Cites 1 - Cited by 114 - Full Document
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