This is an application for condonation of delay of 91 days which was caused in filing application for restoration of appeal bearing A/99/1178, which was dismissed for default on 11.11.2008.

          Heard Adv.Mr V S Lahoti Ld. Counsel for the applicant and perused the application under order as well as copies of other documents filed alongwith the application. It is submitted by Mr Lahoti, Ld. Counsel for the applicant that the appeal bearing No. A/99/1178 came to be dismissed.

                It is further submitted that Advocate who was appearing for appellant had met with an accident and was hospitalised for three weeks and in the meanwhile, office address of applicant was also changed. Therefore, according to him, the delay, which was caused in filing the application for restoration of appeal is not intentional and there is just & sufficient ground to condone the delay.

                But we found no force in the contention. Firstly because, though Advocate for the appellant was hospitalised for three weeks, there is no reasonable ground for such delay of 90 days. Secondly, application for restoration of appeal, which was dismissed for default itself is not being tenable as this Commission has no power under CPA 1986 to restore the complaint or appeal which is dismissed for default. 

          Therefore, this application for condonation of delay stands dismissed. Consequently, the application for restoration of appeal is also dismissed.

              No order as to cost.

              Copy of this order be supplied to the parties.

          Pronounced on 20.09.2011.