SINGH AUTO DEALS Vs. ASHU MAHAR

JUDGEMENT

(1.) M /s. Singh Auto Deals, the petitioner was the OP in this case. It preferred an appeal before the State Commission, which dismissed the appeal for default, on 27.09.2011. Thereafter, the petitioner filed restoration application which was also dismissed on 15.03.2012 because of the law laid down by the Hon'ble Supreme Court in the case of Rajiv Pathak. The instant revision petition was filed on 29.11.2012. There is delay of 339 days in filing the revision petition. In the application for condonation of delay, the petitioner has explained the following facts.

(2.) THE case was fixed for admission hearing before the State Commission on 29.09.2011 but the same was dismissed due to non -prosecution because the counsel for the appellant/petitioner failed to appear at the time of the call. The petitioner gave direction to his counsel to move the appropriate court for the restoration of revision petition but during this period, the complainant/respondent showed his willingness to sort out the matter amicably between the parties. On 10.10.2012, the petitioner appeared before the execution court. He sought adjournment of the matter on the ground of non -availability of his counsel. His counsel became too rigid after coming out of the court, situated at Nand Nagri, Delhi, about the execution of the said order. Consequently, the appellant/petitioner had no option but to file the instant revision petition. The application is supported by the affidavit of Preetpal, Proprietor of the petitioner company.

(3.) WE have heard the learned counsel for the petitioner. He argued that the above said delay is neither intentional nor malafide.