Per Justice Shri S.B.Mhase, Hon’ble President:

Heard Adv.Mr.M.M.Tripathi for the applicant.

          This is an application filed by the applicant for setting aside and/or recalling the order passed by State Commission on 02/12/2010 in F.A.No.2007/31.

          On said date. F.A.no.2007/31 was fixed for admission. Ld.Counsel for Mr.A.Patwardhan was present for respondent.  No one was present for the appellant.   Appeal was pending since 2007 for the admission only.  Therefore, appellant and their advocate are under obligation to attend the Commission.

What we find is that, that appeal has been dismissed for default.  We have already taken a view in matter of Shri Suresh Harishchandra Koparkar & Ors. V/s. Shri Prithviraj Khadke & Ors., passed on 15/12/2009 in F.A.no.842/2009  and also a similar view is also taken by Hon’ble High Court at Kerala in the matter of Mr.Raju Thomas V/s. National Insurance Co. Ltd., AIR 2009 KERALA 5.  Therefore, we do not have a power to restore the appeal back to file.  Hence, we pass the following order:-

                                      :-ORDER-:

1.                 Application for restoration of A.Nno. 2007/31 stands rejected.

2.                 Parties to bear their own costs.

3.                 Dictated on dais.

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