Petitioner filed the appeal before the State Commission with a delay of 83 days. State Commission vide its order dated 12th October, 2010 condoned the delay, subject to payment of Rs.1,000/- as cost. Since the costs were not deposited till the date of the passing of the impugned order in spite of several opportunities given to the petitioner, the State Commission dismissed the appeal for non-prosecution. Petitioner being aggrieved has filed the revision petition. On a submission made by the counsel for the petitioner that in spite of his expressing profound regret before the State Commission for not depositing the cost in time and offering the cost in Court, the State Commission dismissed the appeal for non-prosecution on account of non-deposit of cost. He submitted that the petitioner is prepared to pay reasonable cost to the respondent to get the appeal revived. Limited notice was issued to the respondents to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission for a fresh decision in accordance with law. Petitioner was directed to pay a sum of Rs.10,000/- to the respondents to enable them to meet the litigation and other allied expenses. Respondents were served for 6.1.2012. Since they did not appear in spite of service, case was adjourned to today to enable the respondents to put in appearance. On 6.1.2012, case was adjourned to 10.1.2012. Since respondents did not appear in spite of service, the case was adjourned for today to enable the respondents to put in appearance. Office was directed to inform the respondents about the adjourned date of hearing with a note that in case they do not appear on the next date of hearing, they would be proceeded ex-parte and the case would be dismissed in their absence. Respondents in spite of subsequent notice issued to them, are not present. Order to be proceeded ex-parte. Counsel for the petitioner states that litigation expenses of Rs.10,000/- have been paid to the respondents. In the interest of justice, the impugned order dismissing the appeal for non-prosecution is set aside and the case is remitted back to the State Commission for a fresh decision in accordance with law. The stay granted earlier on 23.3.2010 by the State Commission stands revived. This shall be subject to payment of Rs.10,000/- as cost. Petitioner through counsel is directed to appear before the State Commission on 01.05.2012. Petitioner shall pay the cost to the respondents on the first date of hearing before the State Commission, in case the respondents appear in Court otherwise tender the cost before the State Commission. The State Commission is directed to pay the cost of Rs.10,000/- to the respondents. Office is directed to send a copy of this order to the respondents to enable them to put in appearance before the State Commission on the date fixed. | 
