J.M. Malik, Presiding Member—The case of the petitioner was dismissed in default by the State Commission. There is delay of 176 days in preferring the revision petition for setting aside the order passed by the State Commission. The impugned order, dated 30.03.2012, runs as follows:-

“Present:

None … for the Appellant

None … for the Respondent

ORDER

(Delivered on 30.03.2012)

S.M. Shembole, Judicial Member—Appellant as well as his counsel are absent. None for the Respondent is present. As both parties are absent since long, on 17.12.2011, notice was issued to them but no report is received. On perusal of the office copy of the notice, it reflects that it was issued on the correct address of the parties, as shown in the appeal memo. Therefore, it will have to be presumed that the appellant as well as Respondents are served with notice. But nobody turned up. Hence, the appeal deserves to be dismissed in default. Accordingly, the appeal is dismissed in default. No order as to costs”.

2. The delay has been explained in Para No.3, of the application for condonation of delay, which is reproduced herein as under:-

“It is submitted that the Hon’ble State Commission, Nagpur was pleased to d