| Revision Petition No. RP/41/2023 | | ( Date of Filing : 10 Apr 2023 ) | | (Arisen out of Order Dated 22/02/2023 in Case No. CC/296/2022 of District Khordha) |
| | | | 1. Chairman Cum Managing Director DTDC Express Ltd & Others. | | DTDC, Express Limited., represented by Arnab Mukharjee, Asst. Manager of Law, DTDC Express Limited., House No.3, Victoria Road, Banglore, Karnatak. | | 2. Executive Director DTDC | | DTDC, Express Limited., Represented By Arnab Mukharjee, Asst. Manager Of Law, DTDC Express Limited., House No.3, Victoria Road, Banglore, Karnatak. | | 3. Sirector, DTDC Ltd., | | DTDC, Express Limited., Represented By Arnab Mukharjee, Asst. Manager Of Law, DTDC Express Limited., House No.3, Victoria Road, Banglore, Karnatak. |
| ...........Appellant(s) | |
| Versus | | 1. Gunagrahi Sahoo | | S/O-Kartik Chandra Sahu,House4 No.2, Phase-I, Sweety Complex, Unit-VI, Bhubaneswar,Dist-Khurda. |
| ...........Respondent(s) |
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| Final Order / Judgement | M.C.No. 331 of 2023 R.P.No. 41 of 2023 Heard learned counsel for the petitioner. 2. Learned counsel for the petitioner submitted that they have challenged theex parte order dated 22.02.2023 which was passed by the learned District Commission, Bhbaneswar in C.C.CaseNo.296/2022. He submitted that he has already submitted the petition to accept the written version but the learned District Commission without application of judicial mind has passed the impugned order and O.P.No.1 to 3 were set ex parte on 16.02..2023. Without recording the reason the learned District Commission has passed the impugned order. He also submitted that the impugned order should not have been passed without giving opportunity to hear the OPs. Therefore, he filed the present revision petition to set aside the order dated 22.02.2023 passed by the learned District Commission, Bhubaneswar. 3. Considered the submission. Perused the impugned order. The necessary extract of impugned order passed by the learned District Commission is as follows:- “xxx xxx xxx The case record was posted to 21.03.2023 for filing of written version by the O.Ps 4 and 5. But the record is put up today on the strength of advance petition filed on behalf of the O.ps,1,2 and 3.The advocate for O.ps 1 to 3 also files show cause /written version along with a petition with prayed to accept the written version. Heard.Since the O.Ps 1 to 3 were set exparte on 16.02.2023. In this backdrop, the petition filed by the advocate for Ops 1 to 3 stands rejected and the written version /show cause so filed on behalf of Ops 1 to 3, can not be accepted but kept in record. Put up on the date fixed i.e 21.03.2023 for filing of written version by the Ops 4 and 5.” 4. The aforesaid order clearly shows that since the O.P.no.1 to 3 were set exparte on 16.02.2023 and there is no reasons to file written version in delay.Even if OP Nos. 1 to 3 are set ex parte, but when petition is filed to accept written version, it was for learned District Commission to scrutinize whether order of ex parte is correct being OP Nos. 1 to 3 have got right to file written version within 45 days from the date of receipt of notice with copy or copies and do not receive by the complainant. No proper reason assigned by learned District Commission in rejecting the petition to accept written version. Moreover, we perused notice produced by petitioner. It appears by 22.2.2023, 45 days was not over from date of receipt of notice. So orders dated 16.2.2023 and 22.2.2023 are set aside. Therefore, we hereby direct the learned District Commission to give opportunity the O.P.no.1 to 3 to participate in the hearing after accepting written version already filed and the matter should be disposed of by passing speaking order in accordance with law within 60 days from the date of receipt of this order. The petitioner is directed to appear before the learned District Commission on 04.07.2023 to take further instruction from it. 5. Revision petition is disposed of accordingly. | |
