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Judgment
THE present appeal is filed by the Secretary, Bhubaneswar Stock Exchange against the order dated 8.4.1999 of the District Forum, Khurda, rejecting the prayer to set aside the ex parte order under Order 9 Rule 13, C.P.C.
HEARD Mr. A.K. Panda, learned Counsel for the complainant. None appears for the appellant. While examining the merit of the case we are prima facie of the view that the agent of the Bhubaneswar Stock Exchange M/s. Dinesh Ritesh & Co. received the amount of Rs. 6,000/- for 200 units of shares for transfer to the name of the complainant. The question is whether at the time of receiving the amount from the complainant the said company was an agent engaged by the Secretary of the Stock Exchange. No doubt a case is pending touching the transfer of these disputed shares in the Civil Court. Normally this matter should also have been before the Civil Court. But Mr. Panda submits that the complainant would be rest content if the amount of Rs. 6,000/- is refunded to him by Bhubaneswar Stock Exchange, since he is no more interested for transfer of the shares in dispute. Having appreciated the claim of the complainant in that manner, we are of the view that this matter cannot be decided unless the main case is taken up. Presently we are faced with a situation where Bhubaneswar Stock Exchange has approached this Commission against the order of the District Forum rejecting the prayer for setting aside the ex parte order passed against them.
On going through the restoration petition and having heard Mr. Panda we are satisfied that Bhubaneswar Stock Exchange should be given an opportunity to contest the original case which they have not got because of the rejection of their prayer to set aside the ex parte order under Order 9 Rule 13, C.P.C.
SO far as the reasoning given by the District Forum is concerned, no doubt it has taken a stringent view that there are materials on record that there was no sufficient ground for restoration. But considering the nature of the case before us, we are of the view that the matter should not be just appreciated in that manner and the Court should have taken a liberal view of the matter in setting aside the ex parte order even by awarding cost. Having heard Mr. Panda, we allow the appeal of Bhubaneswar Stock Exchange and remit the matter back to the District Forum for fresh disposal according to law by giving opportunity of hearing to both the parties. Bhubaneswar Stock Exchange should pay Rs. 1,000/- (Rupees one thousand) to the complainant as cost for such restoration. The amount may be paid to Mr. Panda who will receive the same on behalf of the complainant. L.C.R. be sent back. Appeal allowed.