Judgment:
1. In a complaint case bearing No.695/2008 filed by the complainant against the Bio-Line India, Indore, pending before District Forum(Central) proceedings were ex-parte against the OP, and the Forum decreed the claim of the complainant ex-parte vide order dated 25.08.2009.
2. That is what brings the appellant/OP in this appeal before this Commission, assailing, order to declare him ex-parte vide order dated 05.03.2009 and the Award passed ex-parte.
3. We have heard Sh. Pramod Kumar, Proxy for Sh. Manish Garg, Counsel for the appellant and Mr. Sanjeev Sharma, Counsel for the Respondent in this appeal.
4. Adverting to the order, to proceed ex-parte against the OP, we find that proceedings were made ex-parte against the OP by the Forum, since he did not appear on 13.01.2009, which was the first date of appearance and on two subsequent dates 25.02.2009 and 05.03.2009.
5. It does not appear from the District Forums record that how the notice was sent whether by registered post or by some other mode to the OP. There is no post office receipt on the record. There is also no mention in any of the order-sheet about the mode of service by the District Forum. This will appear from the orders passed by the Forum.
13.01.2009
Present: Mr. Raghav Sharma, Advocate for the complainant.
None for the OP.
695/2008
Put up for further proceedings on 25.02.2009.
Sd/-
Presiding Member
25.02.2009
Pr. Sh. Raghav Sharma, Advocate for the complainant.
None for the OP.
Put up for further proceedings on 05.03.2009.
Sd/-
Presiding Member
05.03.2009
Pr. Sh. Raghav Sharma, Advocate for the complainant.
None for the OP.
Since none appeared on behalf of the OP. The case shall be proceeded ex-parte against him. Let the evidence of complainant be filed on 04.05.2009.
Sd/-
President
Sd/-
Member
6. In these circumstances it cannot be said that proper service was affected on the apelalnt/OP. The case therefore needs to go back. Ex-parte order passed by the District Forum(Central) is set aside. The case is remanded for fresh decision according to law.
7. Appellant/OP and the complainant/respondent, through their counsel are directed to appear in the complaint case before the District Forum(Central) 07.03.2013.
8. A copy of this order be provided to the counsel for the appellant, whereas a copy of this order be placed on the record of the complaint case No.695/2008 and record be sent to District Forum(Central) post-haste. The file be consigned thereafter to Record room.