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Judgment
Heard learned counsel for the parties finally at admission stage.
Perusal of record reveals that earlier First Appeal No. 334 of 2016 was filed by appellant challenging both orders dated 03.07.2015 and 17.03.2016 and in that appeal by order dated 17.03.2016 it was observed that appeal will be treated only against order dated 17-03-2016 and he would file another appeal against order dated 03-07-2015. In pursuance to that direction appellant has filed this present appeal no. 720 of 2016.
During course of arguments learned counsel for the appellant submitted that delay has been condoned by impugned order by learned State Commission without hearing him and learned counsel for the respondent submitted that this appeal has been filed with inordinate delay. Both arguments are prima-facie correct because by order dated 03-07-2015 delay in filing complaint has been condoned without giving an opportunity of being heard to the opposite party and appeal no. 720 of 2016 has been filed with long delay as opposite party appeared before State Commission on 04-09-2015.
In such circumstances, it would be appropriate to allow opposite party/appellant to raise objection regarding limitation in filing complaint and at the same time learned counsel for the complainant should also be permitted to raise objection regarding not filing appeal against interim order before this Commission in time and both matters will be decided by State Commission simultaneously at the time of deciding complaint finally.
Consequently, appeal stands disposed of with direction to State Commission that appellant/opposite party will be permitted to raise objection against condonation of delay in filing complaint and complainant/respondent will be permitted to raise objection regarding not challenging that order in time before National Commission.
Learned State Commission is directed to hear both the parties on aforesaid points and decide complaint finally as per law.
Parties to bear their costs.