Order No. 05 date: 04-09-2019

Sri Shyamal Gupta, Member

Record is put up today for passing order in respect of the delay condonation petition of the Appellant together with IA/479/2019.

By such petition, it is submitted by the Appellant that though it filed WV in the complaint case, as its Ld. Advocate did not participate in the final hearing, the order was passed ex parte and as the concerned Advocate did not update it about the status of the case, the Appellant had no inclination about the impugned order passed in the complaint case.  Subsequently, after receipt of notice of the Execution Case, Appellant again turned up before the Ld. District Forum to defend its case.  However, as the Ld. Advocate did not turn up in the Execution proceedings, the Ld. District Forum issued WA on 05-11-2018 and thereafter, through police authority; the Appellant got the intimation about the warrant.  Thereafter, it obtained certified copy of entire documents on 20-12-2018 and approached its Ld. Advocate for preferring an Appeal and handed over the documents to him on 24-12-2018 and ultimately the Appeal was filed on 07-01-2019. In fine, the Appellant prayed for condonation of the delay for ends of justice.

Parties were heard at sufficient length in the matter.  We have also gone through the documents on record.

Considering all aspects, in the interest of natural justice, the delay is condoned subject to payment of cost amounting to Rs. 2,000/- to the Respondent No. 1. Fix 08-11-2019 for payment of cost.

By dint of IA/479/2019, the Respondent No. 1 prayed for vacating Order No. 2 dated 26-03-2019 by which the Execution Case being initiated against the Appellant has been put on hold till further order. 

In view of the fact that we have decided to condone the delay on payment of due cost, we do not deem it appropriate to vacate the said order at this juncture as prayed for in this petition.  Accordingly, IA/479/2019 stands rejected.   

Stay in force to continue till the next date.