1.      Learned counsel for the petitioner heard.  The respondents are absent despite service.  They be proceeded against ex parte.

2.      The impugned order dated 13.3.2014 runs as follows:

“M/s Deepak Bhatta Charjee undertakes to file vakalat for OP No. 1.  OP 2 is served but has not chosen to appear before this Commission.  Accordingly, OP2 is set exparte.  Post on 10/04/2014 for Vakalat and Written Version of OP No. 1.”

3.      Learned counsel for the petitioner submits that opposite party No. 2 could not appear because sufficient time was not given.  He was required to appear before the State Commission on 13.3.2014.  Notice was received by opposite party No. 2 on 3.3.2014.  Consequently, he was proceeded against ex parte.  Again, subsequently, vide order dated 13.3.2014, the State Commission granted the opposite party No. 2 further time to file the written version on 29.4.2014 and again for 17.6.2014.  Thereafter, the case was adjourned to 8.7.2014. 

4.      It is apparent that the order passed by the State Commission for grant of further proceedings and permitting the opposite party No. 2 to file written version after proceeding ex parte against it, is perverse.  It is well settled law that the State Commission cannot recall its own order.    The subsequent orders dated 29.4.2014, 17.6.2014 etc. are non-existent. 

5.      In the interest of justice and keeping in view the facts detailed by the learned counsel for the petitioner, we set aside the order ex parte proceedings against the petitioner subject to payment of Rs.10,000/- as costs which be paid to the complainant directly through demand draft, in addition to the legal expenses already paid, on the next date of hearing.  The costs are being imposed because the petitioner has succeeded in delaying the case to a such long time.  If he was not available on 13.3.2014, he could send a telegram or he could have instructed its advocate to seek a date.  More than five months have elapsed since then. The fora below are required to dispose of the cases within 90 days.

          The case is now fixed for further proceedings before the State Commission on 1.8.2014.

          Notice be also sent to the opposite parties returnable on 1.8.2014.

          In view of the above, the revision petition stands disposed of.

          A copy of this order be given dasti to learned counsel for the petitioner.  Copies be also sent to the opposite parties forthwith.