Date of Decision:  25.09.2014

FA No. 477/2014.

Dr. Priya Balani

W/o Sh. Jayant Balani

F-18, Street No. 3,

Pandav Nagar,

Samarpur Road

Delhi-110091

……Appellant

Versus

Smt. Meena Parihar

W/o Sh. Satyajeet Parihar

R/o 121-D, Mayur Vihar, Phase-II

Pocket-F, Delhi-110019.

CORAM

Salma Noor, Member, N P Kaushik Member (Judicial)

1.       Whether reporters of local newspaper be allowed to see the      judgment?

2.       To be referred to the reporter or not?

N P Kaushik Member (Judicial)

1. In the present appeal the appellant, Dr. Priya Balani has disclosed that she received a notice of the complaint No.215/2012 titled as Smt. Meena Parihar Vs. Dr. Priya Balani from District Forum-VI (New Delhi) on 2.12.13.  She contacted her advocate who obtained a Vakalatnama from her on 2.12.2013.  Her Counsel assured her that he would prepare written version and appear in the matter on the next date of hearing i.e. 27.1.2014.  On 20.1.2014, an Associate Counsel of her Counsel informed her that he was not looking after the cases of the said company any more.  Another counsel named Sh. Manish was instructed to appear in the matter. 

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The counsel however did not appear on 30.1.2014 and she was proceeded against ex-parte.

1. We have no reasons to disbelieve the contention put forth by the Ld. Counsel for the appellant. Ends of justice shall be met in case the appellant is allowed to contest the case.  Policy of law is not to stifle a contest.  We, therefore, allow the appeal and set aside the orders dated 30.1.2014.  Ld. District forum is directed to allow the appellant herein to file written version. Let written version be filed by the appellant in the District Forum on 20.11.2014.  Parties to appear in the District Forum on 20.11.2014. The Ld. District Forum shall proceed in the matter in accordance with law.
2. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum for compliance.
3. This also disposes of the application dated 8.8.2014 moved by the appellant herein.
4. File be consigned to Record Room.