12.09.14: This restoration application has been filed by appellant/applicant against the order dated 22.08.2014, thereby dismissing the appeal filed by the appellant for want of prosecution as well as in default of the appellant.

The Hon’ble National Commission in judgment reported in IV (2011) CPJ 666 (NC); B. Srinivasa Rao vs. Tafe Access Ltd. & Anr., has observed that there is no comparable provision under Section 17 of Act defining jurisdiction of State Commission and action of appellant in seeking restoration of appeal by filing miscellaneous application before State Commission which had already dismissed appeal for non-prosecution, was misconceived.

The Hon’ble National Commission in another judgment reported in II (2012) CPJ 255 (NC); Nitin Mehta & Ors. Vs. Prashant Kumar Vijay Kumar Jain, has also observed that there is no provision under Act for recall or review of any order passed by State Commission.

Therefore, in view of the aforesaid provisions as well as judicial pronouncement of the Hon’ble National Commission, we do not find any force in the restoration application.

Accordingly, the restoration application is dismissed.