F.A.No.735/2010 against C.C.No.875/2007, Dist. Forum-I, Hyderabad.

Between:

Jogram Tagavath S/o.Lt.Topa Tejavath

Hindu, aged about 46 years, occ:Advocate,

R/o.D.No.17-1-57/2A/52, Shanmukha Apartments,

Ameerpet, Hyderabad.

(cause title amended as per order in

  IA No.1224/2010 dated 29-6-2010)                      Appellant/

                                                                        Complainant

And

1. Air Deccan I.G.I.Airport Terminal I-b

    New Delhi.

2. Captain G.R.Gopinathan, 365,

    Canighun Road, Opp:Canara Bank,

    Bangalore, Karnataka State.

3. Kings Fisher Ali lines, rep. by

    M.D. House Western express Highway villa

    Parle E.Mumbai-400 099.                                  Respondents/

                                                                        Opp.parties

Counsel for the Appellant           : Mr.B.Appa Rao.

Counsel for the Respondents     :R2 served.

                                                   M/s.Vijaya Sagi-R3

QUORUM: THE HON’BLE JUSTICE SRI D.APPA RAO, PRESIDENT

AND

SMT.M.SHREESHA, MEMBER.

           THURSDAY, THE TWENTY SECOND DAY OF DECEMBER,

                              TWO THOUSAND ELEVEN

Oral Order (Per  Hon’ble Justice Sri D.Appa Rao, President )
                                                          *****

            The complainant preferred this appeal against the order of dismissal of his complaint when he could not appear on the date of hearing, as he was engaged in another court, he being an advocate.

            In the light of the fact that the respondent did not question the occupation of the complainant and however, in view of latches, an opportunity is given, on payment of costs of Rs.500/-.  Costs paid.

            In the circumstances, the appeal is allowed and the order of the District Forum is set aside.  The District Forum is directed to restore the complaint to its original file and proceed with the matter by giving opportunity to both sides. Both parties are directed to appear before the District Forum on 18-1-2012 without insisting for fresh notice.  The opposite parties are directed to file their written version on the said day and the District Forum is directed to give opportunity to both sides and dispose of the matter within two months from the date of hearing. 

Sd/-PRESIDENT.

Sd/-MEMBER.

JM                                                                     Dt.22-12-2011