JUSTICE J.M. MALIK 1. Counsel for the petitioner present. Respondent is absent, despite service. 2. The impugned order is reproduced, as under :- “ORDER 12.02.2014 Per B.A. Shaikh, Hon’ble Presiding Member None is present for the appellant and respondent. Perusal of the earlier daily proceedings shows that proxy advocate of the appellant had appeared on 08.07.2013 and at that time, last chance was granted to the appellant for filing written notes of argument. Thereafter, the appeal was adjourned to 22.10.2013. On that date, none appeared for the appellant and the written notes of arguments were also not filed by the appellant. Therefore, one more last chance was granted to the appellant for filing written notes of arguments and final hearing. Today also when the appeal is called for hearing, none appeared for the appellant. Written notes of arguments are also not filed by the appellant today also. Therefore, the appeal deserves to be dismissed in default. Appeal be recalled at 3.00PM for order. The appeal is recalled at 3.30PM today. Presently also, none is appeared for the appellant. Hence, the appeal is dismissed in default. No order as to cost. Copy of this order be supplied to the parties”. 3. Counsel for the petitioner heard. In the interest of justice, we restore the case before the State Commission, subject to payment of costs, in the sum of Rs. 10,000/- to the respondent/complainant, directly by means of demand draft, in favour of the complainant. Parties are directed to appear before the State Commission, on 28.10.2014, for hearing on merits. 4. The State Commission is directed to decide the case, as per law, after assuring that the costs stand paid to the complainant. |