On perusal of the order of the State Commission, we find that the State Commission without referring to the facts involved has dismissed the appeal filed by the petitioner simply on the ground that the petitioner was not justified in demanding payments of installments without showing progress in construction. This finding has been
-2- recorded without any basis. In fact this was not the case of the parties. Counsel for the parties pray that the impugned order be set aside and the case remitted back to the State Commission to decide it afresh in accordance with law. The impugned order is set aside and the case is remitted back to the State Commission for a fresh decision in accordance with law. Parties through their counsel are directed to appear before the State Commission on 24.04.2012. Since it is an old case, we would request the State Commission to dispose of the appeal as expeditiously as possible and preferably within a period of four months from the date of appearance. All contentions are left OPEN. Under the interim direction issued by this Commission, petitioner had deposited Rs.80,000/- reserving liberty with the respondent to withdraw subject to furnishing personal bonds. Petitioner deposited sum of Rs.80,000/- which was withdrawn by the respondent on furnishing Personal Bond. Personal Bond given by -3- the respondent shall remain alive till the decision of the State Commission. Revision petition stands disposed of in above terms. |