This Revision Petition by the Insurance Company calls in question the correctness of order dated 13.12.2013, passed by the State Commission, Delhi in FA-2010/871. By the impugned order, the State Commission has dismissed the Appeal in default, as the Insurance Company was not represented when the case was called out for hearing. We have heard learned counsel for the parties. The main ground on which the said order is sought to be challenged is that the Insurance Company remained unrepresented because its counsel, Mr.Sanjeev Nirwani, who was assigned with the case, did not appear as, on account of his personal grounds, he had returned files of all the cases which were assigned to him by the Insurance Company but inadvertently, the file of the said Appeal was not returned, with the result that the Insurance Company did not make an alternative arrangement for its representation before the State Commission. Learned counsel appearing for the respondent/complainant, on the other hand, vehemently opposes the Revision Petition on the ground that the Insurance Company has been negligent in pursuing its Appeal, in as much as even on earlier occasion, the said Appeal was dismissed by the State Commission as barred by limitation. The said order was, however, set aside by this Commission by imposing costs of Rs.50,000/- on the Insurance Company. It is urged that despite the said order, the Insurance Company did not learn its lesson and has again failed to pursue its Appeal with due diligence. Though we do find some merit in the stand of the learned counsel for the respondent, yet in our opinion, the interests of justice demand that an opportunity of having its say before the State Commission should be granted to the petitioner Insurance Company. Accordingly, we allow the Revision Petition; set aside the impugned order and restore the Appeal to the Board of the State Commission for fresh adjudication on merits, subject to the Insurance Company paying to the respondent an additional sum of Rs.50,000/- as costs within two weeks from today. Additionally, the Insurance Company is also directed to deposit the balance decretal amount in the State Commission within 4 weeks from today, as it is stated that 50% thereof has already been deposited in this Commission. The amount deposited in this Commission shall be kept in a fixed deposit till the Appeal is decided by the State Commission, and would abide by the final decision. The prayer made on behalf of the respondent for release of the decretal amount, may be considered by the State Commission as and when such a prayer is made. The parties/their counsel are directed to appear before the State Commission on 29.1.2015. Since the complaint, giving rise to the Appeal, was filed as far back as in the year 2008, we expect and hope that the State Commission would give priority to the case and shall try to dispose it of as expeditiously as practicable. The Revision Petition stands disposed of in above terms. | 
