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Judgment
Karuna Nand Bajpayee, Presiding Member
Matter had been called out intermittently.
None appears for the petitioner. Neither learned counsel nor proxy counsel nor anybody else is present on behalf of the petitioner.
Perusal of the order sheets shows that none has been appearing on behalf of the petitioner for last consecutive dates. The defects as have been reported also remained uncured. The proceedings dated 22.09.2023 may be quoted hereinbelow:-
FOR THE PETITIONER : NEMO
Dated : 22.09.2023
PROCEEDINGS
None present for the Petitioner.
Registry has reported the following defects:-
Revision Petition not filed as per prescribed format.
List of dates and events, Memo of parties with complete address, email ID & mobile number not filed.
Copy of reply, rejoinder & evidence not filed.
Typed copy of District Commission order, complaint & written statement not filed.
Petitioner filed First Appeal as per Registry treated as Revision Petition.
Proper pagination not done in physical file.
Revision Petition with notarized affidavit not filed.
Listing Proforma for filing Revision Petition & Affidavit in support of all pleadings before the District Commission, not filed.
Documents not attested as true copy.
Correct section not mentioned in Revision Petition.
Unsigned Revision on page No. 12 not filed.
Affidavit in support of stay application not filed.
The Petitioner shall cure the defects within a period of five weeks.
List the matter before the Hon’ble Bench for admission hearing on 20.12.2023, if the defects are cured or else before the Registrar.
Let a copy of today’s proceedings be sent to the Petitioner for information and necessary action.
Again the proceedings dated 20.12.2023 would be relevant to quote which reads as below:-
FOR THE PETITIONER : NEMO
Dated : 20.12.2023
PROCEEDINGS
The instant Revision Petition was filed way-back, on 30.09.2022.
Since then the matter was listed on 7 consecutive dates (excluding today’s hearing) i.e. 06.12.2022, 31.01.2023, 29.03.2023, 26.05.2023, 12.06.2023, 19.07.2023 and 22.09.2023, and on each date of hearing, about five weeks’ time was granted to the Petitioner to cure the defects and, the Petitioner / Learned Counsel for the Petitioner were present only on 2 consecutive dates.
Today’s also (i.e. 20.12.2023) no one is present and the defects have not been cured, till date, in spite of passing of more than one year since the date of filing of the instant Revision Petition. It appears that the Petitioner is not interested in pursuing the case.
In view of the intra office note dated 17.05.2022, list the matter before the appropriate Bench as per the present Roster for admission hearing on 08.01.2024, if the defects are cured and the complete E-daakhil (defect-free) file is uploaded or else for directions.
Today again none appears for the petitioner. The defects have also been not cured. It is a clear case of non-prosecution.
The petition stands dismissed in non-prosecution.
However, in the interest of justice it may be observed that if the petitioner is interested in pursuing the matter in right earnest with due diligence and feels aggrieved by this Order he may move appropriate application for recall of Order and restoration of petition in accordance with law.
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.