PER JUSTICE J.M. MALIK

1.      Counsel for the petitioner present.  Counsel for respondents No. 1 & 2 present. He files Vakalatnama on behalf of R-1 & 2, same be taken on record.   None for the Respondents No. 3 & 4. It is stated that as per the track report “Item Delivered”.  Respondents No. 3 & 4 are absent despite service, they be proceeded against exparte.

2.      Arguments heard.  The complainant Kumari Swechha Kothari had filed a complaint before the State Commission on 03.05.2010.  At the initial stage, Oriental Insurance Company was not made a party.  Subsequently, it was impleaded as one of the parties vide order dated 08.08.2011.  Notice was issued to the petitioner –Oriental Insurance Co. for 05.09.2011 with the direction to appear before the Circuit Bench at Udaipur.  The petitioner Oriental Insurance Co. could not appear there on 05.09.2001. Their grievance is that they could

not come to know as where the Court was to be held.  Thereafter the Court was held on 24.08.2012 and the matter was adjourned to 13.09.2012. In between two dates were fixed and ultimately the petitioner was proceeded against exparte on 13.09.2012.   Immediately, application for setting aside the exparte proceedings was filed but the same was dismissed vide impugned order dated 12.11.2013, which was dismissed on the ground that State Commission cannot review its own order. 

3.      We have heard the counsel for the parties.  It is clear that the petitioner Oriental Insurance Co. could not file the written statement for one year.  It shows negligence, inaction and passivity on their behalf.  However, in the interest of justice, we set aside the exparte proceedings, subject to deposit of Rs. 5,00,000/- without prejudice with the State Commission, within 8 weeks and the said amount be not disbursed till the final decision given by the State Commission.  We also impose costs of Rs. 25,000/- upon the petitioner, which will be paid to Kumari Swechha personally through demand draft. 

4.      Subject to the above conditions, the petitioner is allowed to file the written version before the State Commission on 13.02.2014, the date already fixed, otherwise the State Commission will not accept the written statement and dismiss the case under Section 13 Clause 1(a) of the C.P. Act.  The State Commission will wait for 8 weeks and if the order is not complied with, will pass the appropriate order by proceeding exparte against the petitioner.  The State Commission will wait for eight weeks but the proceedings may continue.

5.      The Revision Petition stands disposed of. Copy of this order be sent to all the parties.

6.      Dasti order be given to the petitioner, as prayed.