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Judgment
Karuna Nand Bajpayee, Presiding Member
This revision petition has been filed, with a reported delay of 103 days, under Section 58 (1) (b) of the Act 2019 in challenge to the Order dated 15.12.2022 in Appeal No. 63 of 2022 of the State Commission Rajasthan arising out of Order dated 20.01.2022 of the District Commission in Complaint no. 12 of 2021.
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 parties and perused the record including inter alia the Order dated 20.01.2022 of the District Commission, Order dated 15.12.2022 of the State Commission, application seeking condonation of delay and the memo. of revision.
For better appreciation the impugned Order is quoted hereinbelow:-
“Appellant absent.
Respondent Shri Suraj Bhan Jain advocate.
Appellant was earlier absent even after receiving the notices dated 07.11.2022. Even today it is 2.50 P.M. The Second round has also happened. The appeal is dismissed in 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.
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 15.12.2022 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 / 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 07.02.2024. 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 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.