State Commission had dismissed the appeal for non-prosecution as the counsel appearing for the petitioner – State Bank of India – did not appear on a number of dates of hearing before it.  Aggrieved against that order, petitioner had filed a revision petition before this Commission which was also dismissed.  Aggrieved

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against the said order passed by this Commission, the petitioner filed an appeal before the Hon’ble Supreme Court.  Hon’ble Supreme Court has set as aside the order passed by this Commission and has directed that the appeal be disposed of on merits.

          The revision petition is taken up for final disposal in pursuance to the direction issued by Hon’ble Supreme Court.

          We find that the State Commission had not decided the appeal on merits.  It had dismissed the appeal for non-prosecution.  As the dispute has to be decided on merits, as per instructions issued by Hon’ble Supreme Court, the order of the State Commission is set aside and the case is remitted back to the State Commission for a fresh decision on merits in accordance with law after hearing counsel for the parties.

          Parties through their counsel are directed to appear before the State Commission on 07.1.2010.

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            We would request the State Commission to dispose of the appeal as expeditiously as possible and in any case, within three months from the date of first appearance, as per direction issued by Hon’ble Supreme Court.