Heard learned counsel for the petitioner.  Learned State Commission vide impugned order 02.07.2012 dismissed the appeal in default as well as for non-payment of process fee.

2.          Learned counsel for the petitioner has drawn my attention towards cause list of 28.05.2012 which reveals that petitioner’s case was at Item No. 6 and it was listed for 07.06.2012.  She has also filed cause list of 07.06.2012 of Learned State Commission which does depict petitioner’s case and it is not clear how this matter was taken on 02.07.2012 by the learned State Commission.  Perusal of order also reveals that wrong date 22.12.2012 has been mentioned in the order because when appeal was dismissed in

default on 02.07.2012, there was no question of non-payment of process fee on 22.12.2012.  Thus it appears that by mistake wrong date has been mentioned in the impugned order and the case was also taken on 02.07.2012 without listing and in such circumstances, the order of the State Commission is liable to set aside.

3.          Consequently, the revision petition filed by the petitioner is allowed and the impugned order dated 02.07.2012 passed in Appeal No. 1054/10 or 11 of M/s East West Seeds India Pvt. Ltd. Vs. Babulal is set aside and Appeal is restored to its original number. 

4.          Petitioner is directed to appear before the learned State Commission on 22.03.2013 and further directed to pay process fee on that day failing which, appeal shall stand dismissed.