State commission

Guest (Querist) 31 August 2012 This query is : Resolved
whether the State Commission has the power to recall or review the ex parte order..??

Sir can you provide me with judgements..

Thanx

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Sudhir Kumar, Advocate (Expert) 31 August 2012
vague query.

ajay sethi (Expert) 31 August 2012
The
District Forums and the State Commissions have not been given any power to set aside ex parte
orders and power of review and the powers which have not been expressly given by the Statute
cannot be exercised.

Jyotsana Arvind Kumar Shah & Others
v. Bombay Hospital Trust (1999) 4 SCC 325. In this case, the Court held that the State
Commission did not have the power to review or recall its ex parte order.

ajay sethi (Expert) 31 August 2012
After the amendment in Section 22 and introduction of Section 22A in the Act in the year
2002 by which the power of review or recall has vested with the National Commission only.
.

Guest (Querist) 31 August 2012
sir thanx a lot for your reply..
i know about this case and the law established in this case...

"Today i came through a recent three bench case i.e "Rajiv Hitendra Pathak v. Achyut Kashi Nath Karekar" where the SC held that the State commission and the district forum cannot set aside their own ex parte orders.."

Though the court can set aside the ex parte order under Order 9 Rule 9 C.P.C

I am looking for a recent judgement where the state commission has set aside the ex parte order..If there is any you might know can you please provide me with that..

Thany you..

Devajyoti Barman (Expert) 31 August 2012
Yes, State Commission has not power to do so. Only the NC has such power.

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