Order No. 07

Ld. Advocate of the complainant is present.

Ld. Advocate of the opposite party no. 1 is present.

Ld. Advocate of the opposite party no. 2/petitioner is present.

The Misc. Application dated 28.10.2022 is taken up for hearing.

Perused. Considered.

Heard both sides.

Ld. Advocate of the opposite party no. 2/petitioner submits that notice upon opposite party no. 2 was served on 08.07.2022. But the opposite party no. 2 appeared in this case on 28.10.2022.

It appears from the record that on 08.08.2022, the case was fixed ex-parte as against opposite party no. 2 by the Commission without allowing 45 days to opposite party no. 2 to file written version. Therefore, opposite party no. 2 prays for recalling of order dated 08.08.2022 and allow him to file written version and to contest the case.

It is apparent on the face of the record that notice was served upon opposite party no. 2 on 08.07.2022. But the opposite party no. 2 has not filed written version within 30 days from the date of service of the notice. Moreover, he has not preferred to appear before the Commission to pray for extension of time to file written version.

Therefore, the prayer for submission of written version by opposite party no. 2 cannot be entertained at this stage.

However, opposite party no. 2 is at liberty to participate in the case and to cross examine the complainant as per law and to submit his argument on merit.

In the light of the observation made above, the instant Misc. Case being No. 226/2022 is disposed of.