The State Commission has dismissed the appeal filed by the petitioner as barred by limitation.  The delay was of 17 days in filing the appeal.  Counsel for the petitioner contends that the delay was caused due to the time spent in filing the Writ Petition before the Delhi High Court and the order had been received during the court vacations when the counsel was also out of station.

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          Limited notice was issued to the respondent to show cause as to why the delay of 17 days in filing the appeal be not condoned and the case remitted back to the State Commission to decide it afresh on merits in accordance with law.

          Respondent has been duly served.  On 17.10.2011, Ms.Pradeep Kaur, Granddaughter of the respondent had put in appearance and taken time to collect the papers and argue the case on behalf of the respondent.  Neither the respondent nor his Authorized Representative is present.  Ordered to be proceeded ex parte.

          The delay of 17 days in filing the appeal before the State Commission is condoned.  The impugner order of State Commission is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law.

          Petitioner through its counsel is directed to appear before the State Commission on 07.02.2012.

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          Since the respondent is not present today, the State Commission shall decide the appeal after serving notice to the respondent.