BASANTI DEVI, TIKKA SINGH, S.S.SANDHAWALIA
VIPUL MOTORS PVT. LTD – Appellant
Versus
NIRMAL BAHREE – Respondent
Mr. S.S. Sandhawalia, President — This is an application for the condonation of delay in preferring the aforesaid appeal.
2. The order of the District Forum, Hisar which is under appeal is dated the 17th of January, 1991. However, the present appeal was filed in the office of the Commission on 13th of March, 1991. The case was listed for arguments on the preliminary issue of limitation.
3. From the contents of the applications made in this connection and the supporting affidavits, it is manifest that the order under appeal was passed against the appellant ex-parte. The said order does not expressly mention that it was pronounced in open Court though it is dated the 17th of January, 1991. It is the case of the petitioners-appellant that the notice for appearing before the District Forum was received by them belatedly on or after the date on which they were directed to appear before the Forum. Consequently without any default on their part the appellant could not represent their case before the Forum and the subsequent request for setting aside the ex-parte proceedings were apparently not given any consideration. It has further been averred that the appellant/petitioners were whol
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