STATE BANK OF INDIA Vs. PARTHA SARATHI DUTTA

JUDGEMENT

(1.) BY this older we are disposing this appeal after a long gap of over 16 years since it was filed on 15.12.1997. However, we want to put on record, for information of all concerned the reasons, rather circumstances, leading to such undesired inordinate delay in disposing the appeal. On perusal of the records we find that the notice to the sole respondent could not be served in spite of necessary steps taken by the appellant. On 23.2.2002 it was dismissed for non -prosecution and default of the appellant vide order dated 23.2.2002. The appellant then filed an application, being Miscellaneous Case No. 1(M) 2002, for setting aside the said dismissal order and restoration of the appeal to file. Unfortunately, the notice issued in the said Miscellaneous Case also could not be served and this Commission allowed the appellant to effect the notice on the respondent by publishing in a local newspaper 'The Shillong Times'. The substituted notice was accordingly published in the said newspaper on 4th and 5th April, 2004. In spite of such substituted notice published in the newspaper, the respondent remained absent and unrepresented on the dates fixed for hearing. When the matter was listed again for further hearing on 13.12.2004, the appellant took adjournment till next sitting of the Commission.

(2.) ON an application made by the appellant in Miscellaneous Case No. 3/05, the aforesaid dismissal order was recalled vide order dated 24.8.2013 restoring the appeal again to file. Notice sent to the sole respondent for hearing of the appeal returned unserved. By an order dated 28.9.2013, the Officer -in -Charge of Laitumkhrah Police Station was directed to enquire the whereabouts of the respondent and submit a report on or before 26.10.2013. As the report as asked for was not submitted, the Officer -in -Charge was directed to appear before this Commission on 9.11.2013. Appearing before this Commission, the Officer -in -Charge informed that the whereabouts of the respondent could not be found in spite of the enquiry made by him. Faced with such situation, the appellant was directed to publish a notice in the local English newspaper 'The Shillong Times'. It was complied with by the appellants. Then the appeal was directed to be listed for hearing on 14.12.2013. The respondent failed to appear. On request of the appellant the hearing was adjourned till today.

(3.) THE appellants have challenged the judgment and order dated 15.11.1997 passed by the learned District Consumer Disputes Redressal Forum, East Khasi Hills, Shillong (District Forum in short) in CP Case No. 19(S) of 1996.