DATE : 27/02/2012.

Per Shri.D.N.Admane, Hon`ble Presiding Judicial Member.

1.       None present for appellant. This appeal was filed on 2.12.2008.  However the circulation was not taken by the appellant.  Notice therefore was served through Commission and thereon Adv.Shri.Gaware appeared on 5.3.2010.  Notice was ordered to be issued to the respondent.  On the next date on 07.06.2010, 03.09.2010 and 13.12.2010  none appeared for appellant  and therefore appeal was dismissed.  However on same day in the afternoon Adv.Shri.N.B.Ghute holding for Adv.Shri.N.V.Gaware appeared for appellant  and on his request the appeal was restored on cost of Rs.500/-.  Again on 11^th March 2011 none present for appellant.  On 22^nd June 2011 Adv.Shri.Kasar appeared for appellant and appellant  was directed to produce proof of service of notice by next date.  It appears that though the appeal was restored on cost of Rs.500/- as per order dated 13^th December 2010 but cost of Rs.500/- was deposited on 30.6.2011 i.e. after 6 months.  Again on next date i.e. 29.08.2011 none appeared for appellant. On 11^th November 2011 Adv.Kasar holding for Adv.Gaware appeared for appellant  and he seek time to file acknowledgment about service of notice to respondent. He also produced postal envelop of the notice issued to respondent No.2 with endorsement that respondent No.2 is not residing on the given address.  Adjournment is granted on cost of Rs.1000/- to be paid in the ‘Legal aid account’ and appellant  was directed to produce service affidavit and acknowledgment of service of notice to respondent No.2 and take steps to issue notice. However again on 20.01.2012 none appeared for appellant and matter was adjourned to 27.02.2012.  Today i.e. on 27.02.2012 none appeared for appellant.  He did not take steps to issue notice to respondent No.2 on correct address by collecting notice and also not deposited cost of Rs.1000/- in this Commission.  It appears that appellant  is not sincere in prosecuting this appeal.  Appeal as such is dismissed in default. No order as to cost.