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

          This is an application for restoration of Appeal No.270/2010 which stood dismissed for default on 06/07/2010 by this Commission. 

          We heard both the parties.

          Learned Counsel for the applicant Mr.Deepak Sharma submitted that he had appointed another Associate to appear on his behalf and said Associate failed ill and could not attend on that date.  He has not mentioned name of such Associate.  Therefore, statement made is much vague.  In absence of name, one cannot assess whether said Associate was ill or otherwise.  Further more, name of Mr.Dinesh Gupta does not appear in the order of dismissal.  Under the circumstances, affidavit in support filed of Mrs.Shagun Arya, Officer of the Insurance Company is also of no use since facts stated in the application are not within knowledge of officer and further more, affidavit is just by way of verification of the application and nothing is stated on the basis of personal information of the appellant.  For these reasons, we are not convinced of the sufficiency of the reasons to restore the appeal.  Hence, we pass the following order:-

                             -: ORDER :-

1.       Misc. Application No.364/2010 stands dismissed.

2.       Copies of the order be furnished to the parties.