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Indian CasesSupreme Court of India

Girish Chandra Aggarwal vs Ramesh Prasad on 14 May 2009

Supreme Court of India
Girish Chandra Aggarwal vs Ramesh Prasad on 14 May, 2009
Bench: B.S. Chauhan, G.S. Singhvi, B.N. Agrawal
IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3556 OF 2009
(Arising out of S.L.P. (C) No.9581 of 2005)

Girish Chandra Aggarwal …Appellant(s)

Versus

Ramesh Prasad …Respondent(s)

O R D E R
Leave granted.

By the impugned order, the National Consumer Disputes Redressal Commission [for short, “National Commission”] has dismissed the revision application against the order passed by the State Consumer Disputes Redressal Commission [for short, “State Commission”] whereby the State Commission refused to condone the delay in filing the appeal.

Having heard learned counsel for the parties and perused the records, we are of the view that the State Commission was not justified in refusing to condone the delay.

Accordingly, the appeal is allowed, impugned orders are set aside and delay in filing the appeal before the State Commission is condoned. Now, the State Commission shall decide the appeal on merits in accordance with law after giving opportunity of hearing to the parties.

………………….J. [B.N. AGRAWAL] ………………….J. [G.S. SINGHVI] ………………….J. [DR. B.S. CHAUHAN] New Delhi, May 14, 2009.