Heard learned Counsel for the Petitioner and the learned Counsel for Respondent No. -1. The name of Respondent No. 2 and 3 have been deleted vide Order dated 29.11.2023.

Learned Counsel for the Parties have agreed for the final disposal of the matter as this Revision Petition involves a trivial issue pertaining to the dismissal of the Appeal in default on 03.02.2021. Accordingly the petition is being finally disposed off with the consent of learned counsel for the represented parties.

The Order impugned is extracted herein under:

“ File presented. Present learned advocate of Respondent number -1, Shri OP Srivastava. No one appeared on behalf of the appellant. Appeal is liable to be dismissed for non-appearance.

                   The appeal is accordingly dismissed.

          A copy of this order should be made available to the parties as per rules.”

The matter had been earlier taken up on 29.10.2024 and it was pointed out by the learned Counsel for Respondent No. 1 that the Appeal had also been earlier dismissed in default in 2018 and was again restored on an intervention by this Commission on 16.05.2018. As noted above, the Appeal was again dismissed in default on 03.02.2021 against which the present Revision Petition has been filed. After the matter was heard learned Counsel for the Petitioner states that a direction be issued to re-hear the matter after setting aside the Order and the Petitioner shall deposit the entire amount of Rs.16,20,000/- before the State Commission.

Having heard the learned Counsel for the Parties, this Revision Petition is allowed on payment of Rs.5,000/- cost to Respondent No. -1 and further subject to the deposit of Rs.16,20,000/- before the State Commission. The Order dated 03.02.2021 is set aside with a direction to the State Commission to hear the Appeal at the earliest preferably within a period of three months. The said deposit shall be subject to the outcome of the Appeal and the rights and contention of the respective Parties before the State Commission.