Per  Mr. S.R. Khanzode, Hon’ble Judicial Member :

          Both parties present.  It is submitted on behalf of the parties that the settlement out of the court is reached but certain formalities to be completed.  Appellant does not want to prosecute the appeal alongwith delay condonation application since the matter is settled out of the Commission.  Respondent No. 1 did not press for the cost.  Both the appellant and Respondent No. 1 endorsed accordingly on the appeal memo itself.  Under the circumstances, application for condonation of delay stands dismissed for want of prosecution/withdrawn and hence the appeal also not entertained, accordingly, no order as to costs.

Pronounced dated 8^th August 2011.