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Judgment
WE heard Counsel for the appellant and respondent.
A.I. 11/93 is filed seeking to condone the delay of 5 months and 13 days in filing the appeal. In the affidavit filed in support of the petition it is stated that the appellant''s factory was under the lock-out and it was lifted only partially on 21-9-1992 and in those circumstances they could not contest the matter before the District Forum on the file the appeal in time under circumstances beyond their control. The application has been vehemently opposed by the complainant/respondent. We feel mat there is laches on the part of the opposite party in not contesting the matter on the ground that the factory was under lock-out However in the circumstances of the case we feel an opportunity should be given to the opposite party to contest the matter. We are inclined to condone the delay in filing the petition. We accordingly allow the petition. The appeal is filed by the opposite party who is aggrieved by the order of District Forum, Kasaragod in O.P.8/92. The opposite party did not appear and contest the matter. As indicated above, it is contended that it was on account of lock-out of the factory. We feel that there is laches on the part of the opposite party in not filing the version and contesting the matter. However we feel that an opportunity should be given to the appellant/opposite party to contest the matter. But that can be done only on terms. In the circumstances we allow the appeal and set aside the order of the District Forum and remit back the matter to the District Forum on condition that the appellant/opposite party will pay Rs. 1000/- to the complainant within a period of one month from today. If the amount is paid within the time stipulated the matter will stand remitted back to the District Forum for fresh disposal after giving opportunities to the parties to adduce evidence and on failure in paying of the amount the appeal will stand dismissed. Appeal allowed subject to cost.