Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

          Respondent objected for restoration of the appeal No.1329/2009 dismissed for default on 12/01/2010 and filed Affidavit-cum-reply, taken on record.

          According to the applicant/Insurance Company, they had engaged a lawyer Mr.Ramesh Kelkar.  However, he died in the month of January and the Insurance Company was not aware of the dismissal until the copy was received.  Thereafter, they took necessary steps to file this application.

          It may be pointed that the appeal bearing No.1240/2009 filed by the respondent/org. complainant is also pending before us.  Therefore, considering all these circumstances, we find that delay in filing restoration application is satisfactorily explained and it is always desirable to consider the cases of both the parties and to settle the dispute accordingly in appeal.  Hence, we pass the following order :-

                             -: ORDER :-

1.       Delay in filing restoration application is condoned.  Further, application for restoration bearing No.344/2010 is allowed subject to payment of cost of Rs.5,000/- which shall be paid to the respondent/org. complainant within 30 days and failing which without further reference to this Commission, application stands dismissed.

3.       Subject to payment of this cost within time, appeal No.1329/2009 be listed for admission along with Appeal No.1240/2009 on 02/12/2010.