VIJAYA BANK Vs. MACH TRADE WINGS

JUDGEMENT

(1.) IA / 16122 / 2017 ( condonation of delay)

(2.) I have heard the arguments and perused the record. The revision petition was filed against the order of the State Commission dated 18.08.2015 and the appeal was allowed and the matter was remanded and the petitioner was directed to appear before the State Commission but petitioner did not appear al-though the respondent appeared in person. Even on the subsequent date for which the matter was adjourned, the petitioner did not appear and appeal was dismissed in default. The present revision against this order is also delayed by 40 days. The complaint is of the year 2006 and due to the conduct of the petitioner, the complainant has not received any benefit so far. Keeping in mind this conduct of the petitioner, while condoning the delay of 40 days in filing the revision petition, cost of Rs.50,000/- is imposed upon the petitioner which shall be paid within four weeks by way of demand draft in the name of the proprietor of the respondent

(3.) The petitioner, however, did not appear before the State Commission on 15.11.2016 and also on subsequent date i.e. 18.04.2017. The grounds given in the revision petition for non-appearance are not appealing and justifiable. However, since vide order dated 28.10.2016, this Commission wanted the State Commission to decide the appeal afresh, in the interest of justice, I allow the revision petition and recall the order dated 18.04.2017 on payment of cost of Rs.1.00 lakh. The cost shall be paid to the proprietor of the respondent within four weeks by way of demand draft. Parties are directed to appear before the State Commission on 05.02.2019. In case either of the party defaults in appearance on that date, the State Commission is free to pass any appropriate order. With these directions, revision petition stands disposed of.