Sri Shyamal Gupta, Member
This Revision is directed against the Order dated 08-08-2017, passed by the Ld. District Forum, North 24 Parganas in CC/383/2016.
Case of the Revisionists, in short, is that, although there was no dearth of diligence on their part to file the WV, unfortunately, turns of events, as stated in the Memo of Revision, stood in the way of filing the same within the statutory period of limitation for which the Ld. District Forum proceeded ex parte against them. Claiming that such delay was totally unintentional, they prayed for setting aside the impugned order.
Heard the Ld. Advocates of the parties and gone through the documents on record.
On due consideration of the sequence of events that led to non-filing of the WV in time, it does seem to us that everything was not under their control. In view of this and keeping in mind the law settled by the Hon’ble Supreme Court as well as Hon’ble National Commission in catena of pronouncements [Topline Shoes Ltd. v. Corporation Bank, (2002) (6) SCC. 33 relied upon], we deem it appropriate to accord due liberty to the Revisionists to defend their case before the Ld. District Forum for ends of justice, albeit with a cost.
The Revision, accordingly, succeeds in part.
Hence,
O R D E R E D
The Revision stands allowed on contest in part with a cost of Rs. 5,000/-, payable by the Revisionists to the Respondents. The impugned order is hereby set aside. Parties to appear before the Ld. District Forum on 31-07-2018 for payment of cost and submission of WV by the Revisionists.
