Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

          Heard Mr.Nikhil Mehta, Advocate for the appellant and Mr.Abhay Jadhav, Advocate for the respondent. 

          Advocate Mr.Mehta had sent a letter dated 26/07/2012 informing the appellant/Insurance Company that condonation of delay application No.483/2011 has been allowed subject to costs of `5,000/- payable to the respondent/complainant within 45 days.  Letter sent to the appellant/Insurance Company by Advocate Mr.Mehta is taken on record.  Till today despite Advocate’s letter, appellant/Insurance Company has not issued any cheque or pay order of `5,000/- in the name of respondent/complainant and order was passed subject to costs of `5,000/- appeal be listed for hearing.  Hearing for admission of appeal cannot be taken unless cost is paid.  Payment of condonation of delay application is not made by the appellant/Insurance Company.  Appeal stands dismissed as delay is deemed to be not condoned since payment is not forthcoming.  Amount deposited in this Commission by the appellant/Insurance Company be paid to the respondent/complainant towards part satisfaction of the award after Revision period is over.  Copies of the order be furnished to the parties.

 Pronounced

Dated 22nd October 2012.