ORDER :- (Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member) 

(1)          Adv.Urmila Sanil has informed us that she has returned brief to the appellant insurance company and she is not appearing for the appellant insurance company.  Since, nobody appears for the appellant insurance company, Adv.Jayesh Talekar submitted that on last occasion application for delay condonation was allowed subject to costs of `5,000/- payable to the non-applicant/respondent by the appellant.  Matter was proceeded to today for payment of costs and hearing on admission of the appeal.  Since costs are not paid or tendered to the respondent by the appellant till today, appeal stands dismissed as delay is not condoned.

Pronounced on 1^st November, 2012.