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Judgment
Karuna Nand Bajpayee, Presiding Member
Proxy counsel appears on behalf of the petitioner and submits that the learned counsel is out of station and the matter may be adjourned.
This revision was filed in the year 2018. Perusal of the order sheets shows that the petitioner is not cooperating in the adjudication of the petition and is simply not allowing the Commission to proceed with the matter and take it to its logical conclusion. Initially, the defects were not cured and several opportunities were given and at one stage it was dismissed for non-prosecution as the Order dated 18.09.2018 would show. Later an application for restoration was moved and the petition was restored. Again due diligence to pursue the matter was not shown and on 26.04.2019 the Commission was constrained to dismiss the revision for non-prosecution. Again on 13.12.2021 the petition was got restored by moving an application in that regard. Further order sheets would show that notice was issued to the respondents on 06.04.2022 but the respondents’ set was not filed by the petitioner and, therefore, the notices could not be issued. The order sheets dated 12.08.2022, 26.12.2022 and 21.03.2023 reveal that consecutively on all these dates the direction to file the respondents’ set was given by this Commission but the petitioner did not comply with the said Order and thus notice could not be issued as necessary papers were not furnished. Even today only an adjournment has been sought by proxy counsel. The office report dated 04.08.2023 shows that the respondents’ set has still not been filed and notice, therefore, not issued to the respondents. This bench sees enough reason to find that it is a glaring example showing lack of prosecution. The indifferent attitude of the petitioner and apathy shown on its behalf in pursuing this petition leaves much to be desired. The matter cannot be kept pending for indefinite period of time. In such circumstances as are apparent on the face of record the petition stands dismissed for lack of prosecution.
The Registry is requested to send a copy each of this Order to all parties in the petition and to the learned counsel for the petitioner. The stenographer is requested to upload this Order on the website of this Commission immediately.