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Judgment
Karuna Nand Bajpayee, Presiding Member
Learned counsel for the petitioner requests for an adjournment in order to furnish fresh address of the respondents.
The perusal of the record shows that this petition has been pending since 2020. It was reported by the office that notice to the respondents no.1 and no. 2 could not be issued and as such fresh steps were directed to be taken to serve the respondents no.1 and no. 2. The Order dated 09.05.2022 passed by this Commission may be quoted herein below:
As per office report, notice sent to Respondent No.1 & 2 received back with postal remark “Unclaimed”. Let fresh steps be taken to serve Respondent No.1 & 2. Whereafter, office shall issue notice to Respondent No.1 & 2 returnable on 22.09.2022. Dasti also permitted.
List on 22.09.2022.
Further office report indicates that the steps as directed were not taken by the petitioner so notice could not be issued to the respondents no.1 and
no. 2 The Order dated 28.09.2022 may be quoted herein below:
As per Office Report, fresh steps have not been taken by the Petitioner to serve the Respondents. Let fresh address of the Respondents’ be given within three weeks. Whereafter, the Office shall issue notice to the Respondents, returnable on 30.01.2023.
List on 30.01.2023.
Subsequent office report shows that the steps were still not taken and as such notice could not be issued to the respondents. The Order dated 30.01.2023 may be quoted herein below:
As prayed by Mr. Madhurendra Kumar, learned Counsel for the Petitioner, fresh address of the Respondents be filed within three weeks, where-after the Registry shall issue notice to the Respondents, returnable on 31.05.2023.
List on 31.05.2023.
Fresh address of the respondents no.1 and no.2 was still not filed by the petitioner and the time was again sought to file the same. The Order dated 31.05.2023 may be quoted herein below:
Further time is sought on behalf of the Petitioner for filing the fresh address of the Respondents. Let the same be filed within four weeks and thereafter notice be issued to the Respondents, returnable on 09.10.2023.
Today again when the matter has been taken-up, report shows that fresh address as has yet not been filed. It appears to be a clear case of non-prosecution. Lack of due diligence on the part of the petitioner is not allowing this Commission to proceed further in the matter. The petition cannot be kept pending for an indefinite period of time. Hence, the request of the adjournment made by the learned counsel for the petitioner is politely declined.
The instant petition stands dismissed in non-prosecution, therefore.
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, he may move appropriate application seeking recall / restoration of the instant Order 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 within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.