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Judgment
Karuna Nand Bajpayee, Presiding Member
This revision petition has been filed, under Section 58 (1) (b) of the Act 2019 in challenge to the Order dated 04.08.2021 in Appeal No. 846 of 2014 of the State Commission Delhi vide which the appeal was dismissed for non-prosecution.
Learned counsel for petitioner is present. Learned counsel puts on appearance on behalf of the respondent no. 2. The perusal of the memo. of party shows that respondent no. 1 and 2 are the same i.e. Reliance Life Insurance Company. Respondent no. 1 is through its Branch Manager while respondent no. 2 is through its Managing Director.
Heard the learned counsel for the petitioner and respondents no. 1 and 2 and perused the record including inter alia the impugned Order dated 04.08.2021 and the memo. of revision.
For better appreciation the impugned Order is quoted hereinbelow:-
“This matter has been taken up through video conferencing.
None appeared on behalf of Appellant even on the last occasions. This is 2014 matter. Matters of this age cannot be adjourned as a matter of routine. It appears that the Appellant is not interested in pursuing his appeal. Accordingly appeal is dismissed for default and for non-prosecution. File be consigned to record room.”
The perusal of the impugned Order shows that the petition does not involve any complicated questions of law or fact as the appeal was dismissed in non-prosecution. Only first principles of natural justice are involved. There is no good justification to further wait for the appearance of other respondents. The matter is, therefore, being heard.
Learned counsel for the petitioner has 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. Submission is that Covid pandemic and its aftermath was also one of the reasons which resulted in the miscommunication. Submission is that the case has not been adjudicated on merits. 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.
Learned counsel appearing for the respondents no. 1 & 2 in all fairness on instructions has submitted that it has no serious objections if the matter is remitted back to be heard on merits. Learned counsel for respondent has not disputed the fact that the merits of the case have not been adjudicated and the appeal was dismissed in non-prosecution and 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 his 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 04.08.2021 of the State Commission is set aside and the appeal is restored to its original number before the State Commission.
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 07.02.2024.
The petitioner is directed to pursue his matter with due diligence in right earnest and not to make any default again. 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. It may also be observed that in case on future dates the petitioner fails to appear himself or through his legal representative, the State Commission will proceed further in its discretion and wisdom as it may deem fit in accordance with law.
The Registry is requested to send a copy each of this Order to all parties in this petition and to their learned counsel as well to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.