JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL) 1. Learned counsel for the parties present. 2. The appeal of the petitioner was dismissed by the State Commission on 30.01.2013. The said order runs as follows: “JUSTICE GURVED SINGH, PRESIDENT Sh. Munish Goel, Advocate filed his memorandum of appearance. However, no one has appeared on behalf of the appellant though the appeal was called several times. The appeal is, therefore, dismissed in default.” 3. Learned counsel for the petitioner submits that he could not appear before the State Commission as his vehicle had developed some technical defect. He should have informed the Registrar of the Commission or hire some other vehicle to attend the Commission. It cannot be believed that learned counsel for the petitioner could not attend the State Commission for whole of the day. 4. On the other hand, learned counsel for the respondent submits that there is delay of 230 days in filing the first appeal before the State Commission and that is why the counsel for the petitioner was avoiding the appearance. However, this question will be decided by the State Commission on merits. 5. In the interest of justice, we restore the appeal before the State Commission, subject to deposit of Rs.10,000/- as costs which be deposited with the Prime Minister’s Relief Fund towards Uttarakhand tragedy and its receipt be shown to the State Commission when the parties will appear before it on 21.8.2013. | 
