Decided on December 12,2013

NIIT LTD Appellant
NEHA Respondents


- (1.)IN a complaint case bearing No.155/2013 filed by the complainant against the appellant, pending before District Forum(East), 20.08.2013, was fixed for filing written version by the OP, when the appellant/OP absented himself and the Forum ordered to proceed ex -parte against the OP, fixing 24.10.2013 for filing evidence by the complainant.
(2.)THAT is what brings the appellant/OP, in appeal before this Commission.
(3.)WE have heard Sh. Avnish Kumar, Counsel for the appellant at the admission stage itself, as there is no need to hear the respondents. It may be seen from the certified copy of the order -sheet of the case in the District Forum that now the complaint is fixed before the Forum on 28.01.2014 for arguments.
Version of the appellant for non -appearance before the Forum on 20.08.2013 is that on 20.08.2013, some of the Coursts including the Hon'ble High Court were closed, but there was no holiday in the Forum, which the counsel could not notice and the default occurred. There is no plausible reason not to rely and not to act upon this version of the appellant. It has never been the policy of law to stifle a contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parties may have an opportunity to present their case before the Forum, so that the matter may be decided on merits. Reasons given for default by the appellant are supported by an affidavit. We are therefore inclined to allow the appeal so that appellant may have an opportunity to contest the case on merits. This order will be subject to payment of Rs.1,000/ - as costs which should be paid by the appellant/OP to the complainant within a month, failing which this order will become inoperative.

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