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Judgment
Sh. Vivek Sofat, Complainant appeared in person.
None appeared on behalf of the Respondents.
It is noted that the paragraph 10 of Order dated 21.03.2025 reads as under:-
“In case the Respondents fail to file reply or appear on the next date of hearing, they shall be proceeded ex-parte”.
It is hereby clarified at the very outset that in said paragraph 10 it was wrongly mentioned that “if the Respondents fail to file reply or appear on the next date they shall be proceeded ex-parte”.
Facts of the case reveal that the Respondents were allowed to file reply subject to payment of cost Rs. 5,000/-. Sufficient opportunities have been granted to the Respondents to deposit the cost but the Respondents have not paid the cost till date.
Therefore, the Authority had, vide para 6 of the Order dated 21.03.2025 had ordered that
“In the interest of justice, last and final opportunity granted to the Respondents to deposit the cost and file their reply”.
Thus the intention of the Authoroity was to give Respondents final opportunity to pay the cost and file reply.
However, inadvertently, the intention of the Authority was not fully & correctly captured in paragraph 10 of the Order dated 21.03.2025.
Therefore, we direct that the paragraph 10 of Order dated 21.03.2025 shall be read as “in
case Respondents fail to pay the cost or appear on next date of hearing they shall be proceeded ex-parte”.
The Respondents have filed the reply but have not paid the cost till date.
No one has appeared for Respondents today despite directions on last date of hearing that in case Respondents fail to appear on next date of hearing they will be proceeded ex-parte.
In view of the last order, the Respondents are proceeded ex-parte.
Case posted for final arguments on 05.08.2025 at 11:30 am.