Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

          None is present for both the parties.

1.      This Misc. Application has been filed by Mr Virumal Rajani who had filed an appeal bearing No.A/07/13.  When the appeal was filed there was delay in filing the appeal hence, he had moved an application for condonation of delay. 

2.      On 28.01.2010 this Commission was pleased to reject the condonation of delay application and therefore, the appeal filed by the appellant was held to be not entertainable.  After the receipt of this order by the appellant, he moved this Misc. Application bearing No.MA/10/76 with a prayer to set aside the order dtd.28.01.2010 and for restoration of appeal. 

3.      This Misc. Application is not tenable in law as it is misconceived one. When the condonation of delay application in appeal No.A/07/13 was decided on merit and rejected the appeal so holding as not entertainable because the delay having not been condoned by this Commission, there is no question of moving such Mis. Application with a prayer mentioned above. 

4.      In fact, the applicant should have approached the National Commission against the rejection of delay condonation application in filing the appeal.

5.      As such this Misc. Application is squarely misconceived and hence, it is rejected.           Inform the parties accordingly.

          Pronounced on 07.07.2011.