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Judgment
The respondent filed S.A. No.652/2022 titled as Satyanarayan Dadhich V. Svatantra Micro Housing Finance Corporation Ltd. which was ordered to be allowed vide order dated 20.04.2023 as the appellant being respondent before DRT did not file reply. DRT, Jaipur in the impugned order dated 20.04.2023 observed that the appellant was not taking the proceedings seriously and as such the S.A. bearing no.652/2022 was allowed and all the actions initiated by the appellant were quashed and set aside.
The counsel for the appellant stated that the appellant was not given opportunity to contest the S.A. no.652/2022 and reply was not allowed to be filed. However, the counsel for respondent stated that the present appeal has become infructuous and the appellant has already taken all the pleas in the contempt petition which is stated to be pending before DRT.
A perusal of the impugned order dated 20.04.2023 reflects that DRT, Jaipur allowed the S.A. only due to the reason that the reply was not filed despite opportunity and by observing that the appellant was not taking the proceedings seriously. The impugned order dated 20.04.2023 was passed without giving a proper opportunity of being heard to the appellant. DRT should not have passed the impugned order simply by observing that the appellant was not taking the proceedings seriously. The impugned order is violation of the principles of natural justice and is accordingly set aside. However, since there is a lapse on the part of the appellant before DRT in defending S.A. No.652/2022, costs of Rs.20,000/- is imposed on the appellant which is to be paid to the counsel for the respondent. DRT, Jaipur is directed to decide the S.A. bearing no.652/2022 on merit after giving due opportunity to both the parties to represent their case. The appeal is decided accordingly. Parties are directed to appear before DRT on 24.07.2026. The appellant is also directed not to take any adjournment without any justified reason.