(Delivered on 22/08/2017)

PER SHRI B. A. SHAIKH, HON’BLE PRESIDING MEMBER.

1.      None is present for the appellant.  Adv. Mr. Mandal is present for  the respondent and he submitted  that  appeal may be dismissed in default as on last three dates also  none  had appeared for the  appellant.

2.      We have perused the record and proceedings of the appeal.  It  shows that  Mr. Warale, the representative of the appellant  had  lastly appeared before this Commission on 23/11/2016 and on that date  he  had assured  to file the appeal compilation  for supplying  to the respondent’s advocate. The appeal was then adjourned till 02/02/2017.  On that date none  appeared for the appellant though the respondent’s advocate was present.  On that date the appeal compilation was not supplied to the respondent’s advocate.  Thereafter, again the appeal was adjourned till 03/04/2017 and 27/06/2017.  On both the said dates also none appeared for the appellant though advocate of the respondent was present.  Moreover, the appeal compilation was not furnished on those two dates by the appellant to the respondent’s advocate. Therefore, this Commission observed  on 27/06/2017 that the appeal  deserves to be dismissed in default for want of prosecution.  Therefore, the appeal  came to be adjourned  till this date  for appropriate order. We  thus hold that as  none appeared for the appellant on three dates  and today also and as the appeal  compilation  as  required is not furnished  to the respondent’s advocate, the appeal  deserves to be dismissed in default. Appeal be recalled at the end of board  for appropriate order.

3.      The appeal is recalled at the end of board. Presently also none appeared for the appellant.  Hence, the appeal is dismissed in default.