IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 41 of 2011 Date of decision: 22.3.2011 Director, H.P.Handloom Weavers Apex Co-operative Society Petitioner. Versus H.P.State Co-operative Bank Limited ….Respondent. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Virender Singh Chauhan, Advocate. For the respondent: Mr. Janesh Gupta, Advocate. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 4.12.2010 passed by the learned Divisional Commissioner, Shimla whereby he rejected the appeal filed by the present petitioner and has refused to set- aside the ex-parte proceedings ordered by the learned Collector under the H.P.Public Premises and Land (Eviction and Land Recovery Act) 1971. 2. Briefly stated the facts of the case are that the respondent-Bank filed eviction petition against the petitioner under the provisions of the H.P.Public Premises and Land (Eviction and Land Recovery Act) 1971. The petitioner was served in September, 2009 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 and last opportunity was given to him to file reply by 12.1.2010. On 12.1.2010 again the petitioner did not appear and one more opportunity to file reply was given and the case listed on 15.3.2010. On 15.3.2010 the petitioner also did not appear and he was proceeded against ex-parte. 3. Thereafter counsel for the petitioner filed an application that on 12.1.2010 the Presiding Officer was on leave and he asked the Reader what was the next date fixed and was informed that the case was fixed for 25.3.2010. This explanation does not appear to be correct since the order dated 12.1.2010 indicates that the Presiding Officer was not on leave and the order was passed in his presence. 4. Be that as it may, I am of the view that the petitioner may be given one more chance to contest the case on merits. Accordingly, the orders of the authorities below are set-aside and the petitioner is given one opportunity to file his reply. He shall file his reply on or before 18th April, 2011 on which date both the parties shall appear before the learned Collector. This order is passed subject to the condition that the petitioner shall pay Rs.2,500/- as costs to the respondent-Bank. In case, the petitioner fails to pay the costs or file reply to the main petition, this petition shall be deemed to have been dismissed. Another 3 condition which is being laid down is that the petitioner shall not seek any adjournment during the proceedings. In case the petitioner tries to delay the proceedings the Bank shall be at liberty to approach this Court for modification of this order. The Collector shall decide the eviction petition latest by 31st July, 2011. The petition is disposed of accordingly. Dasti copy. 22nd March, 2011 (Deepak Gupta) ™ Judge