RAJYALAKSHMI RAO, B.K.TAIMNI, J.K.MEHRA, D.P.WADHWA
MOHINDER GUPTA – Appellant
Versus
FRONTIER CONSTRUCTIONS CO. – Respondent
Mr. Justice D.P. Wadhwa, President—This is a miscellaneous petition seeking recalling of our order dated 28.8.2001 by which we had dismissed the complaint for non-prosecution. Complaint was filed on 11.5.1994 claiming an amount of Rs. 20.00 lakhs as damages for loss of goods suffered by her and her suffering injuries on account of negligent act of the opposite parties. When this matter came up before this Commission on 1.5.2001 we passed the following order :
“Ms. Madhu Tewatia, Advocate for the complainant states that the complainant does not claim relief against opposite party No. 3 and his name may be deleted from the array of parties. Written submissions has been filed on behalf of the opposite party Nos. 1 and 2. Copy of the same has been supplied to the complainant and she states that she would like to file rejoinder, within two weeks. Let the needful be done. The parties shall also file their evidence by way of affidavits in respect of their cases. List this matter for final arguments on 28.8.2001.”
2. On 28.8.2001 we found there was no compliance of our order and an adjournment was sought. We passed the following order which is now sought to be recalled :
“This matter per
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