Suvarnrekha D/O. Narayanrao Deshmukh and Others vs Akola Urban Co-Operative Bank Limited, Akola, Ramdaspeth Branch, Thr. Manager — Bombay HC (2025) — LawSathi Research

Suvarnrekha D/O. Narayanrao Deshmukh and Others vs Akola Urban Co-Operative Bank Limited, Akola, Ramdaspeth Branch, Thr. Manager — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 16.01.2020 passed by the State Consumer Disputes Redressal Commission, Circuit Bench, Nagpur in First Appeal No.a/10/07 quashed and set aside, subject to deposit of Rs.10,000/- as costs with the High Court Bar Association, High Court of Judicature at Bombay, Nagpur Bench, Nagpur, within two weeks.

Issue for consideration

Whether the order dated 16.01.2020 passed by the State Consumer Disputes Redressal Commission, Circuit Bench, Nagpur in First Appeal No.a/10/07, rejecting the application for condonation of delay in bringing legal representatives on record (with consequent abatement of the appeal), should be set aside.

Court's answer

Since the matter was not decided on its merits, an opportunity needs to be granted to the petitioner to contest the matter on merits.

Ratio / Principle

The writ petition is partly allowed and the order dated 16.01.2020 in First Appeal No.a/10/07 is quashed and set aside, subject to cost of Rs.10,000/- (Rupees Ten Thousand Only) to be deposited to the High Court Bar Association within two weeks.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Siddheshwar S. Thombre, J.), Writ Petition No.3891 of 2024, decided 16th October 2025 - Suvarnrekha D/o. Narayanrao Deshmukh and Others v. Akola Urban Co-operative Bank Limited, Akola. The petition was directed against the order dated 16.01.2020 of the State Consumer Disputes Redressal Commission, Circuit Bench, Nagpur in First Appeal No.a/10/07, by which the petitioner's application for condonation of delay in bringing legal representatives on record was rejected - none having appeared despite sufficient opportunity - and the appeal stood abated on the ground of delay; the application for bringing the legal heirs on record remained pending. Held: since the matter was not decided on its merits, an opportunity needed to be granted to the petitioner to contest the matter on merits. Petition partly allowed; the impugned order quashed and set aside, subject to costs of Rs.10,000/- (Rupees Ten Thousand Only) to be deposited with the High Court Bar Association, Nagpur Bench, within two weeks.

2025:BHC-NAG:11212

1 89-WP-3891-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

WRIT PETITION NO.3891 OF 2024

Suvarnrekha D/o. Narayanrao Deshmukh and Others

Vs.

Akola Urban Co-operative Bank Limited, Akola

Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. N.Z. Mirza, Advocate for the Petitioners. Mr. V.R. Deshpande, Advocate for the Respondent Sole.

CORAM: SIDDHESHWAR S. THOMBRE, J . DATED : 16th OCTOBER, 2025

Heard Mr. N.Z. Mirza, learned counsel for the petitioners and Mr. V.R. Deshpande, learned counsel for the respondent.

The petition is directed against the order dated 16.01.2020 passed by the State Consumer Disputes Redressal Commission, Circuit Bench, Nagpur in First Appeal No.a/10/07. An application was filed by the petitioner for condonation of delay in bringing the legal representatives on record which was rejected by the learned Commission on the ground that despite of granting sufficient opportunity none appeared for the petitioner and on the ground of delay appeal was abated. The application for condonation of delay in bringing legal heirs on record is still pending.

Learned counsel for the petitioner submits that the said application is still pending and only because of

2 89-WP-3891-2024.odt

that application, the proceedings are abated and therefore, he prays to set-aside the order.

Learned counsel for respondent No.1 submits that the petitioner cannot take the authorities for granted and the pending application for bringing the legal heirs on record, was not prosecuted diligently and therefore, the proceedings were abated.

Considering the fact that the matter was not decided on its merits, an opportunity needs to be granted to the petitioner to contest the matter on merits. In view thereof, the present writ petition is partly allowed . Order dated 16.01.2020 passed by the State Consumer Disputes Redressal Commission, Circuit Bench, Nagpur in First Appeal No.a/10/07 is hereby quashed and set-aside, subject to cost of Rs.10,000/(Rupees Ten Thousand Only) which shall be deposited to the High Court Bar Association, High Court of Judicature at Bombay, Nagpur Bench, Nagpur, within a period of two weeks from today.

(SIDDHESHWAR S. THOMBRE J.)

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