Dtd.01.03.2024                                     A/449/2024

O R D E R

     BY HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1.    This is an appeal filed U/s.41 of CPA 2019 by OP/Appellant aggrieved by the order dtd.24.11.2023 passed in CC/110/2023 on the file of Tumakuru District Commission.

2. Learned counsel for Appellant/OP submits that the exparte order is passed as against Appellant/OP. We perused the grounds of appeal, impugned order and order sheet commencing from 17.07.2023 and found on 12.09.2023 District Commission recorded postal shara “door lock, unclaimed.” Hence, recorded notice deemed to be served and held OP remained absent. OP is a company and the District Commission failed to declare OP as exparte. In such circumstances, in our view, it would be just and proper to afford an opportunity of being heard to enable the company to file its version to meet the ends of justice. Further, to avoid further delay dispense with issue notice of this appeal to be served on Respondent. Accordingly remanded back the matter to the District Commission to allow the OP to participate in the proceedings. Hence proceed to allow the appeal. Consequently set aside the order dtd.24.11.2023 passed in CC/110/2023 on the file of District Commission, Tumakuru with a direction to readmit the complaint and allow the OP to participate in the proceedings. The parties are directed to appear before the District Commission without fail on 01.04.2024. OP is directed to file version without fail on 01.04.2024. The District Commission is directed to allow parties to adduce evidence.

3. The amount in deposit is directed to be transferred to the District Commission for needful.

4. Notify copy of this Order to the District Commission and parties.

Lady Member             Judicial Member              President      

*NS*