JUDGEMENT
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(1.) The appeal filed by the present appellant before the National Consumer disputes Redressal Commission was disposed of in their absence on 25/10/1991 by the following order:
"The appellant - the Indian Oil Corporation is not present either by advocate or by any authorised representative when the case is called for hearing. We have gone through the facts of the case and we find that the order passed by the State Commission is quite just and fair and does not contravene any settled principle of law. The compensation awarded by the State Commission is also fair, proper and adequate and hence we confirm the order of the State Commission and dismiss First Appeal No. 113. "
(2.) Subsequently, when application was given for recall of the order so that the appellant may be heard on merits, the Commission passed the following order on 27/11/1991.
"The Order dated 2/10/1991 passed by this Commission was not one dismissing the appeals for default but was an order dismissing the appeals on the merits after consideration of the cases on the merits. Such being the position, there is no question of restoration of the appeals and the present application is misconceived. This application is, therefore, dismissed.
(3.) This application, incidentally, was filed on the same day on which the order dated 25/10/1991 was passed but the application was rejected on the ground that the appeal was decided on merits and was not dismissed in default.;
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