Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member: None is present for appellant as well as for respondent. Hence, we pass the following order:- :-ORDER-: 1.Appeal stands dismissed for default. 2.Copies of the order herein be furnished to the parties. (Hon’ble Mrs.S.P. Lale) (Hon’ble Mr.P.N.Kashalkar)
Member Presiding Member 16/09/2010: Later on at 03.30 p.m. Advocate - Mr.Pravartak Pathak, appears as proxy for Advocate Mr.U.P. Warunjikar and he prays that his application for restoration of the appeal dismissed for default in the morning session should be taken on record. However, we are unable to accede to his request for the simple reason that, on the last occasion he had appeared on behalf Advocate - Mr.U.P. Warunjikar, and on last date on his request this Commission was pleased to adjourn the matter subject to payment of cost of Rs.500/- to be paid to the Respondent. At that time Counsel for the Respondent Mrs.Tejal Chavan was present. We do not know whether this cost of Rs.500/- has been paid or not. That apart, Advocate Mr.Pravartak Pathak had no proper authority on that day. He, however, gave oral undertaking to this Commission that he would produce authority letter and matter was adjourned today. Even today, he has not produced any sort of authority given by Mr.U.P. Warunjikar, who is the Advocate appearing for the Appellant. In the circumstances, at least today, Mr.Pravartak Pathak, cannot be held to be proxy Advocate for Advocate Mr.U.P. Warunjikar, since, he has not honoured the undertaking he had given to this Commission on 6th September, 2010. Today also he is not having independent authority to appear on behalf of Advocate Mr.U.P. Warunjikar. Hence, application for restoration cannot be entertained. Appellant is directed to file separate application for restoration in due course of time. |
