Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocate for the appellant is present. Heard submission made by the Ld. Advocate. None appears on behalf of the respondent. The main grievance of the Ld. Advocate for the appellant is that the MA/78/2020 and the execution case no. 233/2016 was disposed of on full satisfaction without hearing the present appellant and also in absence of both sides. It is not out of place to mention that the aforesaid MA was filed by the J.dr concerned not the D.hr. His further contention is that the Ld. Forum below did not give due consideration to the order passed by this Commission on 27.12.2019 in A/237/2019. The appellant herein challenges the order dt. 12.10.2020 passed by Ld. DCDRF, North 24 Pgs in MA/78/2020 arising out of EA/233/2016. It goes without saying that at the time of disposal of the aforesaid execution case, the appellant / D.hr was not heard and no copy of MA filed by the J.dr, was served upon the appellant/D.hr. So, we are of the view that an opportunity should be given to the appellant to be heard in connection with the aforesaid execution case.

In view of aforesaid observation the appeal deserves to be allowed and the impugned order cannot not be sustained.

Accordingly, the AEA/8/2021 is allowed ex parte. The impugned order is set aside. The execution case no. EA/233/2016 be restored in its original file and number along with the aforesaid MA.

The Ld. DCDRC, North 24 Pgs is requested to dispose of the Execution Case as early as possible along with MA/78/2020 filed by the J.dr after giving the parties an opportunity of being heard. The Forum below is directed to serve notice upon both sides fixing a date for hearing. The Ld. Forum below is requested to dispose of the case in accordance with law without being influenced by any observation made by this Commission after due consideration of the order passed by this Commission on 27.12.2019 in First Appeal No. A/237/2019. There shall be no order as to the costs.

Let a copy of this order be sent to the Ld. DCDRC, North 24 Pgs.

The Joint Registrar of this Commission is requested to do the needful in this regard.