Hon’ble Mr. Ajeya Matilal, Presiding Member
All sides are present through their respective Ld. Counsels.
Today is fixed for final hearing of the appeal.
The appeal is taken up for hearing.
Being aggrieved by and dissatisfied with the order dated 13.02.2020 vide order no. 13 the Appellant preferred this Appeal.
It appears from the impugned order that on that date Complainant was absent and the OPs were present. Argument was heard and judgment was pronounced after recess. It is very much apparent from the said order that on that date the Complainant/appellant was absent and he did not get any opportunity of filing BNA. So, we are of the view that an opportunity should be given to the Complainant concerned for filing BNA. For these aforesaid reasons the appeal requires to be allowed.
Hence, it is,
O R D E R E D
The appeal being no. 156/2020 is allowed on contest but without any order as to costs.
The impugned order is set aside.
The parties are directed to appear before the Ld. Forum below on 23.10.2024.
Appellant/Complainant shall file BNA on that date.
Ld. Forum below after hearing both sides is requested to dispose of the case in accordance with law without being influenced by any observations made by this Court.
Order of Stay in this case, if any, may be vacated.
Let a copy of this order be sent to the Ld. Forum below.
Appeal being no.156/2020 stands disposed of.
Note accordingly.