COL PRAMOD MISHRA vs VATIKA LTD.

The present complaint was filed on 19.10.2021 and the reply on behalf of the respondent was filed on 21.07.2022.  The present complaint was dismissed in default vide order dated 28.02.2023. Thereafter, the complainant has moved an application dated 22.09.2023 for restoration of the complaint on the ground that the previous counsel who was appointed by the complainant, owing to his health conditions, among other reasons, has ceased to practice law and has moved to his hometown. In view of the above it is prayed by the applicant/complainant that order dated 28.02.2023 may be recalled and the present complaint be restored. On last date of hearing i.e., 05.12.2023, the last opportunity was given to the complainant for arguing the matter failing which the complaint shall be dismissed.  The complainant in person is present. Heard. In view of the facts narrated, the complaint is restored. However, the subject unit was allotted in favour of Pramod Kumar Mishra and Saroj Singh. However, co-allottee has not been impleaded as a party to the present complaint.     The counsel for the complainant undertakes to rectify the defects within one week after supplying a copy to the counsel for the respondent. Matter to come up on 05.03.2024  for further proceedings.

The present complaint was filed on 19.10.2021 and the reply on behalf of the respondent was filed on 21.07.2022.  The present complaint was dismissed in default vide order dated 28.02.2023.  The complainant has moved an application dated 22.09.2023 for restoration of the complaint on the ground that the previous counsel who was appointed by the complainant, owing to his health conditions, among other reasons, has ceased to practice law and has moved to his hometown. Case has been called out but no one has appeared on behalf of the parties.  The  application   is again liable to be dismissed and consigned of file to the registry. At this stage, Shri Sunil Kumar proxy counsel has appeared on behalf of the complainant and moved an application for adjournment on the ground that the main counsel is not available today due to his family exigency/accident. Request is allowed.  One more and last opportunity is being given to the complainant for arguments failing which complaint shall be dismissed in default. Matter to come up on 06.02.2024 for further proceedings.