No. 2/10.11.2008.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Revision Petitioner is present through Ld. Advocate Mr. Barun Prasad.  Mr. R. K. Mukherjee, the Ld. Advocate states that he has instruction to appear for O.P. Nos. 1 to 5 and he undertakes to file Power within a week.  Heard Mr. Barun Prasad and Mr. Mukherjee in respect of application for condonation of delay.  We are satisfied as regards the reasons stated for the delay and we find that there is no negligence or laches on the part of the Revision Petitioner.  The delay in filing revision petition is condoned.  Upon hearing the Ld. Advocate we have taken up the matter for admission.  At that stage we have been told the Ld. Advocate for both sides that earlier a revision petition in respect of self same proceeding was moved and was allowed by this Commission directing the Forum below to allow the O.Ps to examine their witnesses by filing Affidavit by our order dated 17.10.2008 in RP/32/08.

In above background that the contention of the Petitioner that he should be permitted to examine the O.Ps as witness, does not appear to be reasonable as by virtue of our earlier order in other revision application as stated above, the O.Ps have been permitted to examine witnesses on their behalf and the present revisionist will be entitled to cross-examine the same and, therefore, no further interference is felt required and, therefore, the revision application is dismissed.