AI Structured Summary
Not yet generated for this judgment
Judgment
V.K. Jain, Presiding Member
This revision petition is directed against the order of the State Commission dated 31.10.2014 whereby an appeal preferred by the petitioner Bank against the order of the District Forum dated 21.12.2012 was dismissed as barred by limitation. There was a delay of 176 days in filing the appeal which the State Commission refused to condone. The appeal was not examined on merits. Being aggrieved from the order passed by the State Commission, the petitioner Bank is before this Commission.
No one is present for the complainant/respondent No.1 though the written arguments have been sent by him. A letter has been sent by the complainant requesting that the matter may be decided after considering his written arguments.
The petitioner has not placed on record the application which it had filed before the State Commission seeking condonation of delay in institution of the appeal. But, the impugned order would show that condonation of delay was sought on the ground that the Clerk of the counsel had gone to his native place.
Though the ground given by the petitioner while seeking condonation of delay does not appear to be convincing enough, considering all the facts and circumstances of the case particularly that the policy was issued by respondent No.2 and, therefore, in case the claim was covered under the said policy, the liability to pay would be of the insurer, the petitioner Bank should be given an opportunity to argue the appeal on merits. The impugned order is, therefore, set aside and the appeal preferred by the petitioner Bank is remitted back to the concerned State Commission to decide the same on merits, subject to payment of Rs.25,000/- as cost to the complainant within six weeks from today.
The parties shall appear before the State Commission on 22.9.2020. Subject to payment of cost by that date, the State Commission shall proceed to decide the appeal on merits. The delay in institution of the appeal before the State Commission is condoned. It is made clear that any observation made in this order shall not in any manner affect or influence the decision of the State Commission on merits and the parties shall be entitled to take all such pleas as are open to them in law.
The revision petition stands disposed of.