SWATANTRA LAND AND FINANCE PVT. LTD. vs COL.BASANT SINGH

IN the light of the decisions rendered by this Commission in South Delhi University Teachers'' Co-operative Group Housing Society Ltd. v. Dr. Madhu Rathour, 1991 2 CPJ 56. the Order passed by the State Commission striking off the defence of the appellant herein cannot be sustained. The said order is set aside. We are, however, of the opinion that the appellant herein who had failed to file his written statement of objection before the State Commission within the time specified in the Act, can be allowed to file his written statement only on terms as to payment of costs. We direct that the Appellant shall pay a sum of Rs. 1,500/- by way of costs to the 1st Respondent Col.Basant Singh within a period of two weeks from today and only on production of proof of such payment having been made, the State Commission will permit the appellant to file his written statement which should be filed not later than one month from today. The State Commission will permit the appellant to advance all his arguments in defence of the complaint petition. In case the written statement is filed after complying with the condition stipulated above, the appellant will also be permitted to adduce evidence in support of the pleas taken by him, if he so chooses. The appeal is allowed as above.