Heard. The State Commission dismissed the appeal in default of the appellant and passed the following order:- “None responds for the parties. Appellant has remained absent on 07-11-2016, 09-01-2017, 16-08-2017 and today on 14-11-2017. In view of above it appears that appellant is not interested to press this appeal. Appellant has filed this appeal with delay condonation application but perusal of record shows that the free certified copy of impugned judgment and order has been issued to the appellant on 13-04-2016 and appeal has been filed on 25-04-2016. Thus, the appeal is within time but appellant has not appeared consecutively for four dates as mentioned above to press this appeal. In view of above appeal is dismissed in default of appellant.” It is transpired that the respondent was absent on 14.11.2017. Therefore, there is no need to serve any notice to the respondent in this matter. The learned counsel for the petitioner submits that the counsel appointed by them could not appear before the State Commission. The State Commission has not decided the appeal on merits, therefore, in the interest of justice, the matter is remitted back to the State Commission subject to payment of cost of ₹25,000/- by the petitioner Bank to the respondent/complainant by way of Demand Draft within four weeks. Both the parties are directed to appear before the State Commission on 10.05.2018 for further proceedings. The State Commission shall proceed with the matter after confirmation of the cost paid by the petitioner/appellant and requested to decide it expeditiously. Copy of this order be given ‘dasti’. |