ORDER NO. 6 DT. 25.8.10

Mr. Barun Prasad, Ld. Advocate for the Appellant and Mr. P.R.Sinha Sarkar, Ld. Advocate for the Respondent, are present.  Ms. Aparna Banerjee, Ld. Advocate appearing on behalf of the Respondent No. 2, files power. The Appeal is taken up for hearing.  At the very outset, it is submitted on behalf of the Appellant that after passing of the impugned judgement and during the pendency of this Appeal  a portion of the direction in the impugned judgement has been complied with by the Appellant inasmuch as a sum of Rs. 2702/- has been paid to the complainant/Respondent through an A/C Payee Cheque.  According to the Ld. Advocate, the remaining part of the direction contained in the impugned judgement remains to be settled.  The Respondent admits receipt of payment through cheque as claimed by the Appellant.  As admittedly there appears some subsequent transactions between the parties, ends of justice would be met if the Appeal be sent back on remand for disposal according to law.  

Accordingly, it is ordered that the case be sent back on remand with a request to the Ld. District Forum to permit the Appellant to amend the pleadings, if necessary, and also permit both sides to adduce evidence on the basis of the amended pleadings and dispose of the case as expeditiously as possible.  The impugned order stands set aside and the Appeal accordingly disposed of on contest but without any order as to cost.