At the outset, learned Counsel appearing for the Complainant/Respondent in First Appeal No.270 of 2016 and Applicant in the Applications No.464 and 465 of 2016 in First Appeal No.306 of 2016 states that in order to cut short further delay in the disposal of the Complaint, pending before the State Commission for the last almost five years, the Complainant, who is also present in person, would not object

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to taking on record the Written Version filed by the Appellant to the amended Complaint, provided adequate costs are imposed on the Appellant for having already caused substantial delay in disposal of the Complaint and when certain serious allegations have also been levelled by the Complainant against the Appellant in the afore-noted                         two Applications.

               Per contra, learned Counsel appearing for the Appellant, while refuting the allegations in the said Applications, submits that there could be some avoidable omissions on the part of the Appellant but the conduct of the Appellant cannot be said to be contumacious. 

               Regard being had to the facts and circumstances of the case, and bearing in mind the observations of the Hon’ble Supreme Court in its recent order dated 10.02.2017 in Reliance General Insurance Co. Ltd. And Anr. vs. M/s Mampee Timbers And Hardwares Pvt. Ltd. And Anr. (Diary No.2365 of 2017), we dispose of the Appeal with a direction that subject to Appellant’s paying to the Complainant costs of ₹75,000/- before the State Commission, the Written Version already filed on behalf of the Appellant to the amended Complaint shall be taken on record.  It will also be open to the parties to file additional evidence, in support of their rival stands, if so advised.

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               In view of the above, Appeal No.270 of 2016 stands allowed; the order dated 19.05.2016, made in First Appeal No.306 of 2016, shall also stand modified to the extent indicated above and in order to give quietus to the matter, both the Applications shall stand dismissed.

               Since the Complaint was filed as far back as in the year 2012, we request the State Commission to try to dispose it of as expeditiously as possible, but in any case not later than six months from the date of receipt of a copy of this order.