Jitendra Kantaprasad Kardam And Another v. Bharti Developers, Nagpur And Others

2025:BHC-NAG:10487 1 42-wp 3674.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3674 OF 2024 ( Jitendra Kantaprasad Kardam and another vs. Bharti Developers and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Ms.Sunita Waghmare, Advocate h/f Mr.Mahesh Rai, Advocate for petitioner.

Mr.R.T.Anthony, Advocate for respondent No.2. CORAM : SIDDHESHWAR S. THOMBRE, J.

OCTOBER 08, 2025 1) Heard Ms.Sunita Wghmare, learned counsel for petitioner and Mr.Anthony, Advocate for respondent No.2. 2) The petitioner assailed the order passed by the learned State Consumer Disputes Redressal Commission, Maharashtra Nagpur Circuit Bench, Nagpur in First Appeal A-18/506 dated 03/01/2022, whereby the appellant has sought permission and time to deposit the amount of costs. The In-charge President, State Consumer Disputes Redressal Commission, Maharashtra Nagpur Circuit Bench, Nagpur dismissed the First Appeal by observing that no such time can be granted as the appellant has not complied the order within statutory period. 3) After considering the documents on record, it is clear that the findings recorded by the In-charge President are too technical. Once the application for condonation of delay was allowed subject to costs of Rs.1000/-, it is improper not to consider the request of petitioner and not permitting him to deposit the costs of Rs.1000/-.

KOLHE

2 42-wp 3674.2024.odt 4) In view thereof, the impugned order passed by the learned In-charge President, Consumer Forum dated 03/01/2022 is hereby quashed and set aside. It is directed to the Consumer Forum to accept the costs. The petitioner to deposit the amount of costs within two weeks from today.

5) In view of above, the petition is allowed in the above terms.

(SIDDHESHWAR S. THOMBRE, J.) KOLHE