Petitioner had filed the appeal before the State Commission with a delay of 17 days.  The State Commission refused to condone the delay, as a consequence whereof, the appeal was dismissed as barred by limitation.  Revision Petition was admitted subject to payment of Rs.10,000/- as costs to the respondent, which has been paid to the respondent.  In the given

-2-

facts and circumstances of the case, we are of the opinion that the State Commission has erred in not condoning the delay of 17 days in filing the appeal. 

            Delay of 17 days in filing the appeal is condoned and the case is remitted back to the State Commission to decide the appeal on merits in accordance with law. 

Respondent has moved an application seeking dismissal of the Revision Petition/appeal in terms of the order passed by this Commission in R.P. No.1170/2005 decided on 4.7.2008.  We are not expressing any opinion on this but the respondent would be at liberty to raise this point before the State Commission.  All contentions are left open.

Parties, through their respective counsel, are directed to appear before the State Commission on 21.2.2011.