Heard learned counsel for the parties. State Commission vide impugned order dismissed first appeal in default of petitioner and further mentioned that petitioner also failed to file requisites for issue of notice to the respondents. Petitioner was supposed to file requisites for issue of notice on 3.1.2012 but he failed to file on that day as well as on 7.2.2012. In such circumstances, appeal was dismissed for non prosecution and default. Petitioner is still interested in contesting his appeal and in such circumstances, in the interest of justice, petitioner should be given an opportunity to proceed with the appeal before the State Commission. Consequently, petition is allowed, subject to payment of Rs.5,000/- as cost to respondent No.1 and order dated 7.2.2012 passed in first appeal No.777/2011 M/s Vinayak Herbal Firms vs. Manager, Divisional Office, United India Insurance Company is set aside and matter is remanded back to State Commission with direction to decide appeal on merits after giving an opportunity of being heard to both the parties. Parties are directed to appear before the State Commission on 01.11.2012.