Tribunals and CommissionsSingle Bench(2023) 10 NCDRC CK 0089

Indu Seeds vs Govardhan Sukhdeo Deokar & Anr

National Consumer Disputes Redressal Commission · Decided on 16 October 2023

HON’BLE JUDGES
Karuna Nand Bajpayee, Presiding Member
RESULT
Dismissed
CASE NUMBER
Revision Petition No. 3272 Of 2015

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Judgment

12 paragraphs · 301 words

Karuna Nand Bajpayee, Presiding Member

1.

None appears for the petitioner even on repeated calls.

2.

The matter is pending since 2015.

3.

The perusal of the record shows that on 18.04.2019 the petition was dismissed in default for non-prosecution.  The Order dated 18.04.2019 may be quoted hereinbelow:

“None is present on behalf of the petitioner even in the second round. None was present on behalf of the petitioner even on previous date i.e. 6.11.2018.  Accordingly, it seems that the petitioner is not interested in pursuing the present matter.

Consequently, the revision petition No. 3272 of 2015 is dismissed in default and for non-prosecution.”

4.

It transpires that later on the restoration was filed and in the interest of justice the petition was restored with cost.  The Order dated 20.04.2022 shows that none appeared for the petitioner on that date.  On the next date i.e. on 06.06.2022 an adjournment letter was moved on behalf of petitioner.  It appears that on 12.01.2023 short synopsis of arguments was directed to be file but the office report shows that the same has not been filed.

5.

Today when the case has been taken up none appears on behalf of petitioner, neither learned counsel nor proxy counsel nor anybody else appeared on behalf of the petitioner.

4.

It appears to be a case of non-prosecution.

The petition stands dismissed in non-prosecution.

5.

However, in the interest of justice it may be observed that if the petitioner is interested in pursuing the matter in right earnest and feel aggrieved by this Order it may move appropriate recall/restoration application in accordance with law.

6.

The Registry is requested to send a copy each of this Order to all parties in the petition. The stenographer is requested to upload this Order on the website of this Commission immediately.