Heard learned counsel for the petitioner. Petitioner has filed this revision petition, challenging order dated 17.10.2012, dismissing appeal in default alongwith application for condonation of delay. As per office report, there is delay of 340 days in filing this revision petition. Learned counsel for the petitioner submitted that on account of change of address, impugned order was not received by the petitioner and only after order of execution was received on 13.01.2014, petitioner has obtained certified copy of the order and filed this revision petition. It was further submitted that file was tagged with other decided cases by the clerk of the counsel, so file could not be located and in such circumstances, delay in filing revision petition be condoned. As appeal was dismissed in default of both the parties and as petitioner changed his address, though he ought to have intimated to the State Commission about the change of address, we deem it appropriate to allow the application for condonation of delay for the reasons mentioned in the application, subject to cost. Consequently, application for condonation of delay is allowed, subject to depositing Rs. 5,000/- as cost with Legal Aid Fund of this Commission and delay stands condoned. As appeal has been dismissed in default, we deem it appropriate to set aside the order and allow the revision petition, so that matter may be disposed on merits. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 17.10.2012, passed by the State Commission in FA-810/2008, M/s. Maruti Suzuki India Ltd. vs. Sadhu Ram Chandel & Ors. is set aside, subject to cost of Rs. 2,000/- to be deposited by the petitioner with the Legal Aid Fund of State Commission and appeal is restored at its original number. Petitioner is directed to appear before the State Commission on 10.04.2014. The State Commission is expected to decide the appeal at the earliest, after giving an opportunity of being heard to both the parties. |