No. 5/07.04.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Ms. Hasnuhana Chakraborty, the Ld. Advocate and Respondent through Mr. Asish Bhattacharjee, the Ld. Advocate are present. Heard the Ld. Advocate for the Appellant – Petitioner and the Ld. Advocate for the Respondent who argued though the matter has not been admitted yet.  We have considered the conduct of the present Appellant who was the O.P. in the proceeding before the Forum and we find that the O.P. is delaying the proceeding unusually and it appears that the sole purpose is to delay the proceeding as far as possible.  But we have considered that refusal of filing of Written Version shall cause some injustice.  We are told that next date of the matter is fixed towards end of this month.  In the circumstances we feel that the O.P. may be granted opportunity to file Written Version only on payment of cost of Rs. 5,000/- so that the Petitioner is compensated to some extent.  Accordingly the appeal is allowed with only modification in the impugned order that the Appellant – O.P. is at liberty to file Written Version by 28.04.2010 as a last chance.  No further extension of time after 28.04.2010 will be granted for filing W.V. and for payment of cost of Rs. 5,000/-.  In order to avoid delay, we take up the admission hearing and admit the appeal and we also dispose of the appeal by consent of parties at this stage.  Appeal is allowed and the impugned order is modified as indicated hereinabove.