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Ajit Bharihoke, Rekha Gupta, JJ
Abee Associates – Appellant
Versus
Paradise Heights Chs Ltd – Respondent
| Table of Content |
|---|
| 1. facts of prior complaint dismissal and fresh filing (Para 1 , 2) |
| 2. parties' arguments on maintainability (Para 3 , 4) |
| 3. second complaint maintainable post default (Para 5 , 6) |
| 4. distinguishing rajeev hitendra from new india (Para 7 , 8) |
| 5. no review implication; revision dismissed (Para 9 , 10) |
Judgement
1. THE petitioner / opposite party being aggrieved of rejection of his preliminary objection regarding maintainability of the complaint has preferred this revision against the order of State Commission Maharashtra, Mumbai in CC No. 11/283.
2. BRIEFLY stated, the facts relevant for the disposal of the revision petition are that respondent no.1 earlier filed CC No. 11/2005 against the petitioner before the State Commission Maharasthra. The said complaint was dismissed for non prosecution vide order dated 01.03.2011. The respondent complainant filed application dated 15.04.2011 for restoration of complaint. The said application was, however, unconditionally withdrawn by the counsel for the respondent complainant and it was dismissed vide order dated 24.02.2012. Thereafter, the complainant filed subject claim in the State Commission on same cause of action. The petitione
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