Mr.Vardhan Desai, Advocate for the Applicant.

        Notices were sent to the Respondent Nos.1 and 2 by R.P.A.D.  as per the receipt of registration dated 25.08.2010.  As per the service affidavit filed by Mr.Ketan Shah, the addresses on which notices were sent are the correct addresses of the Respondents.  Neither acknowledgement nor cover is returned back.  Thus, we hold that the notices were sent on the correct addresses of the Respondents are duly served.  Both the Respondents are absent.   

        Heard Advocate Mr.Vardhan Desai, for the Applicant/Appellant.

        The Appeal No.165/2008 stood dismissed for default on 24.06.2010.  On perusal of the original record of Appeal No.165/2008, except for the date on which the impugned order of dismissal for default was passed, the Applicant/Appellant through his  Advocate Mr.Asif Pathan  were remaining present and prosecuting the appeal.  We accept the explanation in this application for restoration and holding accordingly, pass the following order:

O  R  D  E  R

        (i)     Impugned order dated 24.06.2010 of dismissal for default is recalled and Appeal No.165/2008 is restored back to file.

      (ii)     Note be taken accordingly in the appeal record and appeal be fixed for further orders.  Notice of date fixed be given to Respondents by R.P.A.D. through Commission but at the cost of the Applicant/Appellant.  Note of this order be taken in the appeal record.

     (iii)     No order as to costs.