ORAL JUDGMENT

PER JUSTICE MR. V.R. KINGAONKAR

          We have heard learned counsel for the petitioner and Respondent in person.

2.      By consent of learned counsel for the petitioner and Respondent in person, the impugned order is set aside, subject to cost of Rs.5,000/- payable to the Respondent as a condition for restoration of FA No. 744/2008 and condonation of delay of 25 days by allowing the delay condonation application. 

3.      The parties  shall appear before the State Commission on 29-11-2011.  In the meanwhile, the parties may consider settlement of the matter, if they so desire and will exchange the proposals for settlement and will sit together by exchanging letter correspondence or otherwise.

          The amount deposited by the petitioner may be withdrawn by the Respondent on furnishing of proper security to the satisfaction of the State Commission.  The State Commission however may consider release of 50% amount on accepting of bank guarantee and rest of the amount may be released as per the discretion that may be exercised appropriately.

          The State Commission to hear the appeal expeditiously on merits and to decide the same within a reasonable time, as far as the possible within a period of six months, after the first date of hearing.  The release of the amount will be subject to final outcome of the result of the appeal.  The revision petition is accordingly disposed of.