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Judgment
Karuna Nand Bajpayee, Presiding Member
This revision petition has been filed, with a reported delay of 127 days, under Section 58 (1) (b) of the Act 2019 in challenge to the Order dated 16.02.2023 in Appeal No. 160 of 2020 of the State Commission Odisha arising out of Order dated 31.08.2020 of the District Commission in Complaint no. 183 of 2019.
A perusal of the record shows that the challenge is to an order of the State Commission vide which the appeal was dismissed for non-prosecution.
Heard the learned counsel for the petitioner and perused the record including inter alia the Order dated 31.08.2020 of the District Commission, Order dated 16.02.2023 of the State Commission, application seeking condonation of delay and the memo. of revision.
For better appreciation the impugned Order is quoted hereinbelow:-
“Learned counsel for the respondent is present.
Learned counsel for the appellant is absent. It is presumed that the appellant is not interested to prosecute the appeal.
Therefore, the appeal stands dismissed for non-prosecution.”
Learned counsel for the petitioner has elaborated upon the reasons and circumstances for filing this petition with delay. He has also tried to elaborate upon the merits of the case as well as upon the circumstances which prevented the petitioner / appellant and his counsel from appearing in the State Commission. It has been contended that if opportunity be provided to pursue the appeal on merits and of being heard there are fair prospects of this appeal being allowed by the State Commission or else the petitioner / appellant shall be left remediless and its cause shall suffer irreparably.
In the wake of the submissions made and the explanation given for delay and also in order to facilitate arriving at a just conclusion on merits the delay in filing this petition stands condoned.
Normally the court would have issued notice to the other side but as the matter does not involve any complicated questions of facts or law, the appeal having been dismissed in non-prosecution in the absence of petitioner / appellant, the Bench deems it appropriate to dispose of the matter on the basis of record.
It transpires that on the date fixed in the State Commission neither the petitioner / appellant nor his counsel appeared which resulted in the dismissal of the appeal in default.
This Commission at this stage does not propose to delve into or touch upon the merits of the case but considering the nature of the dispute and the overall facts and circumstances in their totality and keeping in perspective the explanation proffered for non-appearance, it is felt just and conscionable that reasonable opportunity be further provided to the petitioner / appellant for adjudication of its appeal on merit in the State Commission, lest it be left remediless.
As such, in the interest of justice, without making any observations on merits of the case the Order dated 16.02.2023 of the State Commission is set aside and the appeal is restored to its original number before the State Commission subject to cost of Rs. 50,000/- to be paid to the respondent no. 1 / complainant.
The petitioner / appellant is sternly advised to conduct its case in the right earnest with due diligence.
The parties shall appear before the State Commission on 17.11.2023. The State Commission is requested to adjudicate the appeal on merit after providing adequate opportunity to both the parties to pursue the matter as per law.
The principal onus of informing the respondents of this instant Order shall be of the petitioner. It shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it.
However, if for whatever reason, the respondents do not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring their presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also require the petitioner to take adequate steps in order to facilitate service on the respondents.
In case the respondents still feel to have objections to the instant Order, they may file appropriate application before the State Commission, submitting that they will raise their objection before this Commission (National Commission). In such contingency, the State Commission shall not proceed further with the appeal for a period of three months. In the said period of three months, the respondents may file appropriate application before this Commission to raise their objections.
If the respondents move appropriate application in this Commission within the aforesaid period of three months, or before, further proceedings of the State Commission shall be subject to the orders that may be passed by this Commission on such application. If the respondents do not approach this Commission in the period of aforesaid three months (or before), the State Commission shall further proceed in the matter in accordance with law.
The Registry is requested to send a copy each of this Order to all parties in this petition and to the learned counsel for the petitioner as well to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.