RAM MADHAV AYRE Vs. SUBH ENTERPRISES

JUDGEMENT

(1.) This Miscellaneous Application has been filed by the Applicant Opposite Party No.4 under Order 9 Rule 13 of CPC R/w Sec. 151 of CPC Praying for recalling or setting aside or modifying ex-parte order dtd. 7/12/2022 in CC No.1360 of 2016 on the ground that the Complainant suppressed material facts and knowledge of proceedings before the Hon'ble High Court of Bombay.

(2.) It is manifest from the record that in proceedings in CC No.1360 of 2016 the Complaint was represented on notice before this Commission. On 25/1/2018 the Applicant was placed ex parte for the reason that despite notice being served through publication as per order dtd. 16/8/2017 and the service being complete the party did not enter appearance. This order was not challenged by them. The matter was finally heard on 23/8/2023 in their absence and final orders pronounced on 7/12/2022. A Miscellaneous Application has now been filed seeking to set aside this order or to recall it. No Application for condonation of delay has been filed with reasons for the delay. The Miscellaneous Application states that on approaching the Hon'ble Supreme Court in SLP No.1109 of 2023 it was directed on 24/4/2023 to mention before the executing court. No copy of this order is also placed on record.

(3.) The contentions of the Applicant have been considered. Order dtd. 25/1/2018 declaring them ex-parte were not challenged by them. Order dtd. 7/12/2022 was also not contested within the period of limitation provided under the Consumer Protection Act, 1986. No Application for Condonation of delay has been submitted along with the present MA. Sec. 24A of the Consumer Protection Act, 1986 reads as follows;