Heard learned counsel for the petitioner and respondent in person finally at admission stage. Learned counsel for the petitioner submitted that order dated 17.07.2012 allowing application for condonation of delay, subject to costs was passed in the absence of petitioner, so costs could not be paid within time and on subsequent dates dated 19.09.2012, this fact was not brought to his notice and on 09.11.2012, none of the parties were present and matter was adjourned for 16.05.2013 and on 16.05.2013, the State Commission dismissed the appeal as barred by limitation, which is not in accordance with law as he was ready to pay costs imposed by order dated 17.07.2012. In such circumstances, Revision Petition be allowed and impugned order be set aside. Respondent in person agreed to receive Rs. 1,500/-, and, today he has received Rs. 1,500/- and learned counsel for the petitioner prayed that matter may be remanded back to the State Commission for disposal as per law. Perusal of record clearly reveals that on 17.07.2012, order allowing application for condonation of delay was passed in the absence of the petitioner and it appears that this order of imposing costs was not in the knowledge of the petitioner counsel, so costs could not be paid within 45 days or on 19.09.2012. On 09.11.2012, none of the parties were present and on 16.05.2013 by impugned order, appeal was dismissed only on the ground that costs was not paid within time, so appeal was time barred. In the interest of justice, I deem it proper to allow the Revision Petition as Rs. 1,500/- has been paid by the petitioner to the respondent today before the bench. Consequently, Revision Petition is allowed and impugned order dated 16.05.2013 passed by the State Commission in F.A. No. 189/2011, Hero Electric vs. S R S Tomar is set aside and it is observed that in pursuance to order dated 17.07.2012, necessary costs has been paid by the petitioner to the respondent and matter is to be decided on merits after giving an opportunity of being heard to both the parties. Parties are directed to appear before the State Commission on 16.12.2013. |