SOUTH INDIAN WELDING WORKS Vs. JAGADAMBIKA RICE MILL

JUDGEMENT

(1.) AFTER having heard Counsel on both sides we are of the opinion that this is a case where the ex-parte order passed by the State Commission, Madras should be set aside and an opportunity should be given to the appellant herein to contest the case before the State Commission on the merits after filing his written objections against the complaint. This opportunity can, however, be given to him only subject to the condition that he pays a sum of Rs. 10,000/- by way of costs to the Respondent herein within three weeks from today. The order of the State Commission is accordingly set aside and the case is remanded to the State Commission for fresh disposal on the merits in accordance with law after furnishing full opportunity to both sides to urge all their contentions before it.

(2.) PURSUANT to the order passed by this Commission in Miscellaneous Petition No. 480 of 1992 in First Appeal No. 333 of 1992dated the 13th October, 1992 a sum of Rs. 30,000/- has been paid to the Respondent through his Advocate before the State Commission in part satisfaction of the ex-parte order passed by the State Commission. We direct that the amount shall be retained by the Respondent for the time being subject to ultimate adjustment that may have to be made in the context of he final order to be passed by the State Commission.