State Commission has dismissed the appeal as barred by limitation. There was a delay of 159 days in filing the appeal. Counsel for the petitioner, after taking instructions, stated that the petitioner is prepared to pay Rs.50,000/- by way of costs to the respondent in lieu of condonation of delay. Petitioner has deposited the costs of Rs.50,000/- in this Commission. Limited notice was issued to the respondent to show cause as to why the delay in filing the appeal be not condoned, impugned order set aside and the case remitted back to the State Commission for to decide it afresh in accordance with law. Counsel for the respondent has no objection to condonation of delay and setting aside of the impugned order. In view of the concession made by the counsel for the respondent, delay in filing the appeal is condoned, impugned order is set aside and the case is remitted back to the State Commission to deice it afresh in accordance with law. Office is directed to release the sum of Rs.50,000/- deposited by the petitioner to the respondent along with accrued interest. Parties, through counsel, are directed to appear before the State Commission on 28.8.2012. |