Sri Shyamal Gupta, Member
This Revision is directed against the Order dated 22-04-2016, passed by the Ld. District Forum, Kolkata-I (North) in CC/434/2015.
Case of the Revisionist, in short, is that, owing to non-receipt of notice of the complaint case, it could not appear before the Ld. District Forum in time. As a result, the complaint case is running ex parte against it. Stating that there was no intentional laches on its part behind such non-appearance, the Revisionist prayed for setting aside the impugned order.
Heard both sides and perused the documents on record.
Contrary to the claim of the Revisionist, it transpires from the copy of order sheet dated 12-02-2016 that postal track report revealed that notice was duly served upon the Revisionist. In view of this, we find no reason whatsoever to believe the contention of the Revisionist that the case proceeded ex parte against it without proper service of notice in accordance with law.
However, in the interest of natural justice, we deem it fit and proper to allow the Revisionist to defend its case before the Ld. District Forum subject to payment of cost.
The Revision, thus, succeeds.
Hence,
O R D E R E D
The Revision stands allowed on contest against the Respondents. The impugned order is hereby set aside subject to payment of a cost of Rs. 5,000/- by the Revisionist to the Respondents. Fix 25-07-2018 for appearance of the parties and payment of cost.