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Judgment
Karuna Nand Bajpayee, Presiding Member
Case called out repeatedly. None appears on behalf of the petitioner.
The perusal of the record shows that the petition is pending since 2022. It transpires from the proceedings dated 18.07.2022 that none had appeared on behalf for the petitioner. The proceedings dated 18.07.2022 may be quoted herein below:
PROCEEDINGS
None present.
Registry has reported the following defects:-
“1) Typed copy of Page Nos.34, 37-46, 54, 63-65, 66-138, 141-143, 145-156, 162-178, not filed.
2) Documents not filed single side.
3) Copy of Rejoinder, if any filed before District Forum, not filed.
Let the defects be cured within a period of four weeks.
List the matter before the Hon’ble Bench for admission hearing, on 02.09.2022, if the defects are cured, or else before the Registrar.
Let a copy of today’s Proceedings be sent to the Petitioner as well as Ld. Counsel for the Petitioner, for information and necessary action.
Again proceedings dated 02.09.2022 shows that the defects were not cured by the petitioner. The proceedings dated 02.09.2022 may be quoted herein below:
PROCEEDINGS
Registry has reported that the defects have not been cured.
Learned Proxy Counsel for the Petitioner prays for and is allowed four weeks’ time to cure the defects.
List the matter before the Hon’ble Bench for admission hearing on 30.11.2022, if the defects are cured, or else before the Registrar.
Again proceedings dated 30.11.2022 shows that none appeared for the petitioner and the defects were still not cured. Proceeding dated 30.11.2022 may be quoted herein below:
PROCEEDINGS
None present for the Petitioner.
Registry has reported that the defects have not been cured.
The Petitioner may cure the defects within a period of four weeks.
List the matter before the Hon’ble Bench for admission hearing on 16.01.2023, if the defects are cured, or else before the Registrar.
Similarly the situation remained the same on 16.01.2023. The proceedings dated 16.01.2023 may be quoted herein below:
PROCEEDINGS
None present for the Petitioner.
Registry has reported that the defects have not been cured and the E-daakhil file is not uploaded in the E-daakhil Portal.
In view of the Intra Office Note dated 17.05.2022, list the matter before the Hon’ble Bench No.1 for admission hearing on 01.02.2023, if the defects are cured and the complete E-daakhil (defect-free) file is uploaded or else for directions.
In the meanwhile, the Petitioner / Ld. Counsel for the Petitioner shall cure the defects and upload the complete E-daakhil (defect-free) file, in the E-daakhil Portal.
Registry shall issue notice to the Petitioner, as well as to the Ld. Counsel for the Petitioner, for the said date of hearing.
It appears that on 01.02.2023 though none appeared for the petitioner but notice was issued. The matter was last taken up on 14.06.2023 but none appeared for the petitioner again.
The matter was last taken up on 05.09.2023 but even on that date again none appeared for the petitioner. The Order dated 05.09.2023 may be quoted herein below:
ORDER
None appears for the petitioner.
List on 26.10.2023.
The Registry is requested to send a copy each of this Order to the petitioner and to her learned counsel with three days.
Today again, the counsel for the respondent is present but none has appeared for the petitioner, neither the learned counsel, nor the proxy counsel nor anybody else on behalf of the petitioner. It appears to be a case of non-prosecution. The instant petition stands dismissed for non-prosecution.
However, in the interest of justice, it may be observed that if the petitioner wants to pursue the matter in right earnest with due diligence, it may move appropriate application seeking recall of the Order and restoration of the instant petition in accordance with law.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their respective learned counsel as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.