(Passed on 14.08.2013)

Per Mr B A Shaikh, Hon’ble Presiding Member

None is present for the appellant.  Adv. Mr R G Kavimandan appeared for respondents No.1 & 2 and he filed power.  He submitted that he has not received appeal compilation from the appellant.  Perusal of the record shows that this Commission issued notice to the appellant on 26.06.2013 as the appeal is received on transfer from State Commission, Mumbai.  The said notice also shows that it is issued on the same address of the appellant given in the appeal memo. Therefore, though no report about service of that notice is received, we presume that the notice has been duly served on the appellant.  As the appellant failed to appear despite service of notice, the appeal deserves to be dismissed in default.  It be recalled at 3.00 p.m. for order.

The appeal is recalled at 3.55 p.m.  Presently also none appeared for the appellant. The respondent’s Adv. filed Pursis showing that respondent complied with the impugned order.  As the appellant is absent in spite of service of notice, appeal is dismissed in default.

No order as to cost.

Copy of this order be supplied to the parties.