PER SHRI P.N.KASHALKAR, HON'BLE JUDICIAL MEMBER

Heard Adv.Tatke for the appellant and Adv.Lambat for the respondent.

This application is filed for restoration of dismissed appeal. Appeal was

dismissed for default on 16/1/2006. According to applicant, she received the

copy of the order on 25/3/2006 and, thereafter, she had sent restoration

application through the post to the State Commission, Mumbai but till today,

neither the State Commission Mumbai nor the postal department could tell her

where her application had gone. She does not know what has happened to that

application. Thereafter, she approached to the National Commission and through

their intervention, the second certified copy was sent to her by the State

Commission Mumbai on 10/8/2009 and, on the basis of that certified copy sent in

2009, she filed fresh restoration application on 23/9/2009. Without going into

further details, we are inclined to allow this application with the consent given by

the counsel for the non applicant. Hence we pass the following order :-

1) M.A. No.679/09 for restoration of appeal is allowed and appeal No.2393/

2004, which was dismissed for default stands restored with no order as to

cost.

2) Immediately, we take up the appeal for hearing.

Delivered on 14/07/2011.