​Hon’ble Mr. Ajeya Matilal, Presiding Member

Both sides are present through their respective Ld. Counsels.

The Petition for condonaiton of delay is taken up for hearing.

Ld. Counsel for the Appellant submitted that the CC/133/2023 was at evidence stage.  Due to miscommunication between the Complainant and his Ld. Counsel the Complainant could not take step.  So that matter was dismissed for non-prosecution and the Appellant has prayed for restoring of complaint case.

In reply the Counsel for the Respondent submitted that it is not correct that the matter was not within the knowledge of the Complainant.  He drew our attention to the order sheets of the Ld. Commission below and further submitted that on three consecutive dates the Complainant was absent without taking appropriate steps.

Heard all concerned.

Considering the facts and circumstances, the Petition for condonation of delay is allowed subject to payment of cost of Rs.1000/ (Rupees One thousand) only payable to the Respondent.

On such condition the Appeal is admitted.

It appears from the submissions of the Ld. Counsel for the Appellant that he is willing to contest the matter before the Commission below.

In view of submissions made by the parties the Appeal is allowed.

Impugned order is set aside.

Ld. Commission below is requested to dispose of the case within three months from the date of their appearance after giving opportunities of both sides of being heard without being influenced by the observation made by this Commission.

Parties are directed to appear before the Ld. Commission below on 14.11.2024

Let a copy of this order be sent down to the Ld. Commission below.

The Appellant paid cost of Rs.1000/- (Rupees One thousand) only to the Ld. Counsel for the Respondent which is received by him.

Let the receipt be kept with the record.

Thus, the Appeal stands disposed of.

Note accordingly.