IMPORTANT POINT
Review Power under Section 50 – The State Commission possesses the statutory authority to review its own orders if there is an “error apparent on the face of the record.” This power can be exercised suo motu or through an application filed by an aggrieved party within 30 days of the order.

ORDER

K.S. Kapse, Presiding Member—Being aggrieved by the order dated 21/11/2025 passed by this State Consumer Disputes Redressal Commission Mumbai, Circuit Bench Amravati (Hereinafter be referred to as the “State Commission” in short.) in First Appeal No. SC/CB3/27/FA/155/2025 i.e. Bank of India -Akola Branch -vs- Dr. Keshav Narayan Deshmukh, Since Dead through his Legal Heirs & one other, the appellant bank hereby submits and applies on basis of facts and grounds as under:

2. The applicant bank has filed First Appeal No. SC/CB3/27/FA/155/2025 along with Stay Application No. SC/CB3/27/IA/138/2025 and application for Condonation of Delay No. SC/CB3/27/IA/139/2025 for challenging the legality and validity of judgment and order Dated 25/02/2025 passed by the Learned District Consumers Complaint Redressal Commission Akola (Hereinafter be referred to as the “Learned District Commission” in short.) in Consumer Complaint No. CC/21/241 i.e. Keshav Narayan Deshmukh Since Dead through his Legal Heirs -vs- Bank of India -Akola Branch & One other.

3. It is clear by the section 50 of C.P. Act 2019 Review by State Commission in certain cases- The State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.

4. It is observed that interim stay order dated 21/11/2025 passed by this Commission and the applicant has received the certified copy of impugned order on 18/12/2025 and the instant Review application filed on 16/01/2026 i.e. well within the period of limitation of 30 days for filing Review application.

5. As such appellant bank has deposited amount Rs.138195/- (In Words: Rs. One Lakh Thirty-Eight Thousand One Hundred Ninety-Five Only) towards the total liability on part of opponent No.1 Bank as per above said judgment and orders dated 25/02/2025 which is half of total liability to be paid by opponent No. 1 and 2 equally. Copy of Receipt No.000420 Dated 27/10/2025 is being submitted as Annexure-III. Therefore, applicant bank having complied the statutory mandate prayed for grant of stay to the effect, operation and execution of impugned judgment and orders in terms of execution proceedings pending on file of Learned District Commission Akola by way of separate application vide IA No. 138/2025.

6. As such applicant/appellant bank has deposited the entire amount along with accrued interest till the date of filing of instant appeal as per the impugned judgment and orders dated 25/02/2025. The applicant further submitted that applicant/appellant Bank has complied and satisfied the liability as per the statutory mandate for filing appeal and getting stay to the impugned judgment and order under challenge. Therefore, the orders dated 21/11/2025 thereby granting interim conditional stay with the directions to appellant bank to deposit the balance decretal amount is not warranted so far, the liability and responsibility of appellant bank is concerned in terms of impugned judgment and order.

7. The Bank has filed the instant appeal mainly on the ground that conditional interim stay was granted in respect of the effect, operation and execution of the order and judgement dtd. 25/02/2025, so far as liability and responsibility of applicant /appellant Bank is concerned only.

8. We have carefully gone through the order dtd. 21/11/2025 passed by this Commission and observed that applicant/appellant has already deposited the entire amount along with accrued interest till the date of filing of instant appeal as per the impugned Judgment and order dated 25/02/2025.

9. We have observed that there is error apparent on the face of record that once the applicant/appellant has deposited the entire decretal amount as per the impugned Judgment and order dated 25/02/2025, again applicant/appellant is directed to deposit balance decretal amount. The error apparent on the face of record