Order No. 5 date: 30-11-2017

Sri Shyamal Gupta, Member

Record is put up today for passing order in respect of the delay condonation petition of the Appellants.

By such petition, it is stated by the Appellants that no summon was at all served upon them in respect of the complaint case and thus, they could not defend their case before the Ld. District Forum.  On 12-06-2017, the Appellants came to know from reliable sources that WA had been issued against them in EA/21/2017 and thereafter, they immediately got in touch with their Ld. Advocate and asked him to enquire the matter from the office of the Ld. District Forum.  The Ld. Advocate of the Appellants obtained certified copy of impugned order on 20-06-2017 and thereafter the Appeal was filed on 22-06-2017.  It is stated that there was no intentional laches on their part and thus, they prayed for condoning the unwillful delay in filing this Appeal.

Heard the Ld. Advocates of the parties on the issue and perused the material on record.

It is though contended by the Appellants that they did not receive any notice from the Ld. District Forum in respect of the complaint case, it transpires from the impugned order that notice was issued to both the Appellants.  However, despite proper service of notice, they did not turn up before the Ld. District Forum. 

That apart, there is no such averment from the side of the Appellants that notice in respect of the Execution Case was also not served upon them.  Therefore, it can safely be inferred that they did receive notice of the Execution Case.  Question arises, why they did not approach the Ld. District Forum forthwith to defend their case. Unfortunately, the Appellants have not shown any cogent ground for not acting upon the Execution Notice being issued by the Ld. District Forum. 

On going through the record, it appears that the Appellants have filed mere photocopies of relevant documents those were filed in the complaint case.  Going by the assertion of the Appellants that they did not receive any notice from the Ld. District Forum in respect of the complaint case, we wonder, if that was indeed the case, wherefrom did they get hold of the relevant documents pertaining to the complaint case.  Had they obtained certified copies of all documents from the Ld. District Forum, the same would invariably contain necessary endorsement of the Ld. District Forum like the copy of impugned order.

It is absolutely clear, therefore, that the Appellants have not approached this Commission with clean hands. This is highly deplorable. The ground shown in the petition for condonation of delay being not tenable the same is rejected with a cost of Rs. 20,000/-, payable to the Respondent by the Appellants. 

Consequently, the Appeal also stands dismissed being hopelessly barred by limitation