TAMIL NADU HOUSING BOARD Vs. R S PALANISWAMY

JUDGEMENT

(1.) The appellant is the Housing Board. It remained ex parte before the District Forum. According to the learned Counsel for the Housing Board, the summons received by the Housing Board from the District Forum had been misplaced and, therefore, there was default. We have gone through the order passed by the District Forum. We are of the view that an opportunity should be afforded to the Housing Board to have a decision on merits. The learned Counsel appearing for the respondent has very serious objections to such a course. Notwithstanding that, we feel that the matter should be decided on merits. For affording such an opportunity to the appellant/housing Board to have a decision on merits, we are of the view that the Housing Board should be put on heavy terms. We, therefore, set aside the order of the District Forum and direct the main O. P. to be restored to file and decided on merits subject to the appellant-Housing Board paying a sum of Rs.4,000 to the respondent within a period of eight weeks from today. On such payment, the appellant will be allowed to file its version within two weeks therefrom and the District Forum will decide the matter after hearing both parties on merits within three months thereafter. The matter is remitted back to the District Forum as ordered above. The appeal is thus disposed of. Appeal disposed of.