Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocates for both sides are present.

          Perused the impugned order dt. 19.12.2023 passed by the Ld. DCDRC, Howrah refusing to entertain the maintainability petition filed by the OPs in CC/109/2022. Ld. Advocate for the revisionist submits that he did not receive the notice. Furthermore, the notice served upon him was defective. Ld. Advocate for the revisionist also submits that he has already filed W.V on 04.08.2022 before the court below.

          In reply the Ld. Advocate for the respondent submits that there is no irregularity in the impugned order. So, he prays for dismissal of the Revision Petition.

          Perused the impugned order.

          Heard the submission of the Ld. Advocates for both sides. Considered.

          It appears that after the schedule period the respondent made his appearance but the reasons for her delayed appearance were beyond his control. It appears from the record that the respondent / OP has already filed the W.V. So, we are of the view as the respondent has already appeared and made his appearance before the Ld. Forum below and he was willing to contest the case. So, the opportunity should be given to him to contest the case.

          Considering the facts and circumstances, RP/9/2023 is allowed on contest. Impugned order is set aside.

          Parties are directed to appear before the Ld. Forum below on 05.09.2024.

          The Ld. Forum below is requested to dispose of the case within 3 months from the date of appearance without  being influenced by any observation made by this Commission in accordance with law.

          Considering the facts and circumstances,  there shall be no order as to the costs.

          Order of stay, if there is any, in connection with the present revision petition stands vacated.

          Let a copy of this order be sent to the Ld. Forum below.

          Joint Registrar is directed to do the needful in this regard.