SHRIRAM TRANSPORT FINANCE CO. Vs. SAJAN KUMAR

JUDGEMENT

(1.) THE respondent/opposite party is appeared party in person and he did not objected the admission of the appeal. The counsel for the appellant submitted that the concerned counsel did not appear before the forum below that is the reason he remains ex parte. He prays for remand the matter before the forum below for fresh disposal after given an opportunity to the appellant/opposite party to adduce further evidence. But whatever may be the reason, the respondent complainant he is a sufferer due to any laches from anybody responsible for the delay of Justice

(2.) IN the circumstances, this appeal is allowed on a terms of payment of Rs.5,000/ - as cost to the respondent/complainant within 15 days after the receipt of copy of the Judgment. This order passed by the forum below is set aside and the matter is remanded back to the forum below for fresh disposal.

(3.) IN the result this appeal is admitted and allowed in part and set aside the impugned order passed by the forum below on terms of payment of cost of Rs.5,000/ - to the respondent/complainant. The forum is also direct to give appropriate opportunity to both sides to adduce their oral and documentary evidence if any. This appeal is disposed accordingly. Failure from the part of the appellant to pay the cost in the stipulated period, the earlier order will be prevailed. This is the condition imposed to allow this appeal. The deposited amount along with appeal of Rs.25,000/ - will be released subject to the disposal of the case by the forum below. Both parties are directed to appear before the forum below on 26.3.2013. Appeal dismissed.