Radhakrushna K. Ingole Patil
(Querist) 13 September 2011
This query is : Resolved
Whether State Commission has power to restore the complaint which was dismissed for default? Issue discussed in Rajeev Hitendra pathan-2007 SCC(7) 667. This issue is referred to Larger Bench.. Kindly help me to find judgment of Larger Bench on this issue..
Regard: Radhakrushna K. Ingole Patil, Adv. High Court, Aurangabad (Maharashtra).
R.Ramachandran
(Expert) 13 September 2011
The Larger Bench decision has come on 19.8.2011 holding that State Commission has no power to restore the complaint. Please see attached the judgement as obtained from SC Website.
ashok kumar singh
(Expert) 13 September 2011
agree with experts opinion, thanks.
Guest
(Expert) 13 September 2011
I agree with Shri Ramachandran.
prabhakar singh
(Expert) 13 September 2011
"38. In our considered opinion, the decision in Jyotsana's case laid down the correct law and the view taken in the later decision of this Court in New India Assurance Co. Ltd. is untenable and cannot be sustained." is the LAW laid down in Rajeev Hitendra Pathak & Others ... Appellants Versus Achyut Kashinath Karekar & Another ... Respondents
WITH CIVIL APPEAL NO.8155 OF 2001 M.O.H. Leathers ... Appellants Versus United Commercial Bank ... Respondents decided on 19.8.2011
girish shringi
(Expert) 14 September 2011
I do agree with the experts.
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