IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.67 of 2008. Date of decision:26.02.2009. Oriental Insurance Company Ltd. …Petitioner Versus Smt.Bimla Devi & Another …Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioner: Mr.Lalit Kumar Sharma, Advocate. For RespondentNo.1: Mr.Ashwani Pathak, Advocate. Dev Darshan Sud,J. The Insurance Company has challenged the order passed by the Commissioner under the Workmen Compensation Act setting the petitioner herein ex- parte. In reaching this conclusion, the Commissioner accepted the report of service by post and held that the petitioner herein has been served and the absence is willful. I have gone through the record of the case and find that such course of action could not have been adopted by the Commissioner for the reasons that the petitioner herein was sought to be served at the address, namely, “Oriental Insurance Company Branch 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 Office, Delhi through its Manager”. To say that the address is vague would be stating the obvious. The Commissioner has not at all applied his mind to the facts of the case. Thereafter he, proceeded to dismiss the application under Order 9 Rule 13 of the Code of Civil Procedure filed by the petitioner seeking to have the ex-parte proceedings set aside. Even that order cannot be sustained. This petition is accordingly allowed. The ex-parte proceedings taken against the petitioner herein are quashed and set aside. A direction is issued to the Commissioner to proceed afresh in the matter after giving the petitioner herein an opportunity of putting forth its case by filing such pleadings and leading such evidence etc. as permissible by law in support of its defence. Needless to say, the claimants shall also be given adequate opportunity to rebut the claim/defence etc. put forth by the petitioner herein. This petition is accordingly disposed of. There shall be no order as to costs. Parties to appear before the Commissioner under Workmen Compensation Act-cum-Sub Divisional Magistrate, Barsar, District Hamirpur, Himachal Pradesh on 5th May, 2009. Let record received from the Commissioner be sent back immediately. Feb. 26, 2009. (Dev Darshan Sud) (aks) Judge.