VEERAN WANTI Vs. BANK OF MAHARASHTRA

JUDGEMENT

(1.) NEITHER the complainant not any authorised representative was present when this petition was called for hearing. We have gone through the records. When this case came up for hearing on the last occasion on the 19th of May, 1992, the Counsel for the complainant had requested that he may be granted an opportunity to file affidavit evidence in proof of the allegations of negligence levelled against the Opposite Party. Accordingly, he was permitted to file affidavits within one month from the date.

(2.) NO affidavit has been filed by the complainant in pursuance of our Order. The resultant position is that there is no evidence at all before us to show that the burglary in Bank had taken place on account of any kind of negligence on the part of the respondent Bank. Such being the position, the claim for compensation made against the Bank cannot be sustained under the Act. This Original Petition will accordingly stand dismissed. No costs.