Both the parties are agreed that the impugned order, which has been passed without taking evidence and without having the report of the Surveyor on record, be set aside and the case remanded back to the State Commission for a fresh decision on merits after permitting the parties to lead their evidence as well as after taking the report submitted by the Surveyor on record. 

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          In view of this, the order under appeal is set aside and the case is remanded back to the State Commission to decide it afresh in accordance with law after permitting the parties to lead their evidence and taking the report of the Surveyor on record. 

          Parties through their counsel are directed to appear before the State Commission on 17.12.2009.

          Since it is an old case, we would request the State Commission to decide the Original Petition as expediently as possible and preferably within a period of 6 months from the first date of appearance.

          While admitting the appeal on 13.7.2005, this Commission had stayed the operation of the impugned order subject to the appellant depositing the awarded amount with the State Commission within a period of four weeks.  Respondent was permitted to withdraw the said amount after furnishing proper security to the satisfaction of the Registrar of State Commission.  Since the amount was not released, respondent filed an application for a direction to the State Commission to release the amount deposited by the appellant

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insurance company after accepting the Bank Guarantee furnished by the respondent/complainant.  This Commission allowed the same and directed the State Commission to release the amount on furnishing of Bank Guarantee.  The order dated 30.5.2007 reads as under:

“This application is filed by the complainant for direction that State Commission be directed to release the amount deposited by the Insurance Company after accepting the bank guarantee furnished by the complainant.  In our view, there is no justifiable ground for the State Commission not to accept the bank guarantee for releasing the amount.  Hence, State Commission is directed to release the amount as soon as complainant furnishes the bank guarantee with an Undertaking to renew the same till the First Appeal is decided.”

          This order shall remain in force till the complaint is finally disposed of by the State Commission.

          Original Petition No.90/2003 has been filed by Sh. Jagdish Chand Gupta against Oriental Insurance Co. Ltd.  On request, the same is being taken on Board today.  Parties in this case are the same as in First Appeal No.193/2005 which has been remanded back

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by our order of even date to the State Commission.  Parties have been directed to appear before the State Commission on 17.12.2009.

          Counsel for the parties are agreed that this Original Petition be also transferred to the State Commission for taking it up along with Original Petition No.22/2001 and disposed of along with it.  Oriental Insurance Co. Ltd., respondent herein, has already filed its evidence by way of affidavit and the complainant is yet to file the same.  This Original Petition is transferred to the State Commission, as per Agreement arrived at between the parties, to the State Commission for being taken up with Original Petition No.22/2001 and dispose of along with it.

          Office is directed to transfer the entire paper book to the State Commission immediately.

          Parties through their counsel are directed to appear before the State Commission on 17.12.2009.

          We would request the State Commission to dispose it of along with the complaint No.22/2001.  Complainant as well as the respondent would be at liberty to lead their evidence.

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            First Appeal as well as Original Petition stand disposed of in above terms.