SHIVAJI YASHWANT GARJE Vs. FAR HOLDINGS PVT LTD

JUDGEMENT

(1.) Respondent has been duly served. They are not present. Therefore, respondent is proceeded ex parte.

(2.) This appeal is directed against the order dated 23.02.2017 & 24.04.2017 of the Maharashtra State Commission ( in short, the State Commission) whereby the appeal filed by the appellant herein was dismissed for want of prosecution and on account of lack of jurisdiction to recall the order dated 23.02.2017.

(3.) It is contended by counsel for the appellant that the appeal had been assigned by the appellant to his counsel Sh. Nitin P Dalvi who was supposed to appear before the State Commission on 23.02.2017 but due to his chronic health issues on the said date, he could not appear before the State Commission and the matter was dismissed in default. It is argued that appellant should not be made to suffer for the act of his lawyer and is prayed that impugned order be recalled.