Satish G Kale vs Unmesh Shiresh Deshpande

LEARNED counsel for the petitioner present. Summons delivered to the respondent. None present for the respondent. Proof of payment of Rs.10,000/ -, as litigation charges, to the respondent has been filed.

THE State Commission passed the following order: "Per Mr. B. A. Shaikh, Hon''ble Presiding Member None present for the appellant. Adv. Mr. Aditya Joshi holding for Adv. Mr. Aurangabadkar is present for the respondent and filed authority letter. At this stage Adv. Mr. Aurangabadkar also appeared for the respondent. Perusal of the record and proceeding of the appeal shows that this Commission issued notice to both the parties on 15/07/2014 for hearing on 26/09/2014. In pursuance of that notice the respondent appeared though his Advocate but the appellant has not appeared. The notice issued to the appellant is returned unserved with postal endorsement as "Left". The appellant has not furnished his changed address to this Commission for reissuing notice to him. Therefore, there is no alternative to dismiss the appeal in default. Hence, appeal is dismissed in default.

LEARNED counsel for the petitioner submits that the address of the petitioner was changed. He was the original opposite party. The appeal was filed by him. He did not take trouble to correct the address in the appeal. This clearly goes to show that his purpose is only to delay the case unnecessarily. However, in the interest of justice, we allow the revision petition and set aside the order passed by the State Commission and direct the parties to appear before the State Commission on 28.5.2015, subject to the condition that the petitioner will deposit the entire amount as directed by the District Forum within a period of four weeks and the amount which has already been deposited shall stand adjusted. The amount be kept under FDR in a nationalized bank, which will be paid as per the final order.

WE further impose costs of Rs.10,000/ - upon the petitioner/OP, which be paid to the complainant, Shri Unmesh Shiresh Deshpande, on the next date of hearing before the State Commission. The State Commission will hear the petitioner/OP after satisfying that all these conditions stand complied with. If the notice is to be sent to the complainant, that should be sent in accordance with law before proceeding further.

A copy of this order be given dasti to learned counsel for the petitioner.