Ms.Kalpana Trivedi, Advocate for the appellant.  None present for the respondent though Advocate Mr.Patwardhan had on last time appeared and assured this Commission that he would file duly signed Vakalatnama.  

        Upon hearing Advocate Ms.Kalpana Trivedi for the appellant, we are finding that she has sought condonation of delay of 68 days in filing appeal.  She has mentioned some grounds in Para 2 of the condonation of delay application.  Condonation of delay application was signed by Officer of the appellant/Insurance Company before the Notary Advocate.  But, there is no separate affidavit filed in support of condonation of delay application.  On this ground itself, application for condonation of delay filed by the appellant will have to be rejected.  That apart, we are finding that in fact there is delay of 88 days as per calculation made by us in presence of Advocate Ms.Trivedi.  When there is delay of 88 days, condonation of delay application mentioned that delay is of 68 days and it should be condoned.  When delay is of 88 days, filing of the application seeking condonation of delay of 68 days is of no us.  This is an another ground why we are inclined to reject condonation of delay application.  In the circumstances, we pass the following order :-

                         -: ORDER :-

1.    Misc.Appl.No.32/2010 for condonation of delay is rejected.

2.    Consequently, appeal No.85/2010 does not survive for consideration.

3.    No order as to costs.

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