State Commission dismissed the complaint for non-prosecution on two grounds: (a) non-appearance, and (b) did not adduce evidence despite two opportunities given to the appellant.  Defence of the respondent has already been struck off.  It was observed that in case an opportunity is provided to the appellant to lead evidence, ex parte proceedings ordered against the respondents would also be set aside and an opportunity to adduce the evidence shall also be provided to the respondents.

          Subject to payment of Rs.15,000/- as costs to the respondents, limited notice was issued to the respondents to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission to decide it afresh in accordance with law.

          Counsel appearing for the respondents states that the respondents have received Rs.15,000/- towards costs.

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          Notice issued to the respondents is made absolute.  Impugned order of the State Commission is set aside and the case remitted back to the State Commission to decide it afresh in accordance with law.  

          Counsel for the parties are directed to appear before the State Commission on 21.05.2013.