Learned counsel Sh. Abhishek Prabhakar for the appellant has appeared.
Respondent - complainant has not appearing before this Commission since a long time.
Service upon respondent is considered as being sufficient.
Today none has appeared on behalf of the respondent - complainant inspite of several calls.
The appeal is being heard ex-parte against the respondent - complainant.
Learned counsel for the appellant has stated that the matter in dispute has already been resolved amicably between the appellant and respondent - complainant and the vehicle in question has been repaired. Now there is no question to have arisen to replace the new vehicle in place of old vehicle.
We have perused the application (paper No. 41) moved on dated 11.03.1999 by the respondent, wherein respondent - complainant has stated that his vehicle has been repaired, hence he do not want to get further the impugned judgment impleaded.
We have heard learned counsel for the appellant.
As the old vehicle has already been repaired during the pendency of the appeal, hence the impugned judgment in regard to replace the old vehicle with new one cannot be said to be executable as per the application of the respondent - complainant.
A the technical and mechanical defects have already been removed as per satisfaction of the respondent as mentioned in the application (paper No. 41), hence in such circumstances, the impugned judgment is not executable and is liable to be set aside,.
It is also pertinent to mention that the matter has already been resolved between the parties in different way, therefore, the impugned judgment is hereby set aside.
The matter has amicably resolved between the parties out of the Commission and the appeal has become infructuous, therefore, the appeal is hereby dismissed as being infructuous. No order as to costs.
File be consigned to the record room alongwith copy of this order.
A copy of this order alongwith original record of the District Commission be sent to the concerned District Commission for perusal, information and necessary action.
