APPEAL NO.233/09 JUDGMENT DATED 14.10.09 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER A.S.Ginto, Donikkara, Puthupariyaram, Palakkad now residing at -- APPELLANT Arpaphanaphu House, Arikuzha.P.O Thodupuzha, Idukki District. (By Adv.Hariharaputhran & Ors.) Vs. P.V.K.Unni Nair, S/0 Kunhimalu Nessiar, -- RESPONDENT Venthottur Nair Veede, Parathikad, Ezhumangad, Thriumittakode, Ottapalam. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the opposite party in CC No.140/06 in the file of CDRF, Palakkad . Respondent is under orders to pay a sum of Rs.1 lakh as compensation and also cost of Rs.1000/- with interest at 9% if the amount is not paid within one month. 2. It is the case of the complainant that he was not served the notice. According to him as he is a person who is engaged in plantation of rubber plants for others he used to be outside and there was nobody at his office and hence the notice happened to be returned unclaimed. He did not receive the copy of the judgment also. The appellant was declared as ex-parte in the proceedings of the Forum below. He has stated that he has initiated proceedings under Section 138 of N.I. Act as the cheque issued by the complainant for a sum of Rs.50,000/- has bounced. 3. Respondent/complainant although served with notice did not enter appearance. It appears that the matter requires a considered order. 4. In the circumstances, the order of the Forum is set aside on condition that the appellant/opposite party pay a sum of Rs.7500/- to the complainant towards costs or deposit of the same before the Forum which can be withdrawn by the complainant. On payment of the above amount the Forum will permit the opposite party to file version and contest the matter. The Forum will issue notice to the complainant. 5. The case will stand posted before the Forum on 30.11.09. The office is directed to forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALA SARANGADHARAN -- MEMBER S/L | 
