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Judgment
Karuna Nand Bajpayee, Presiding Member
Case called out intermittently.
None appears for the petitioner. Neither learned counsel nor proxy counsel nor anybody else on behalf of petitioner.
Perusal of the record shows that a number of defects have been pointed out which have not been cured and the matter is dragging on in the same stage.
Proceedings dated 05.06.2023 may be quoted in this regard hereinbelow:
FOR THE PETITIONER :
NEMO
Dated : 05 June 2023
PROCEEDING
None present for the Petitioner.
Registry has reported the following defects:
Counsel for Petitioner filed first appeal as per Registry treated Revision Petition.
Complete documents filed in Hindi language to be filed in English language.
Index, list of dates and events and memo of party not filed.
Revision Petition not uploaded in NCDRC E-daakhil Portal.
Listing Proforma and Affidavit in support of pleadings before the district forum not filed.
Revision Petition with Notarized Affidavit not filed.
Counsel for the Petitioner’s address, email id and mobile not mentioned in Vakalatnama.
Only one set file by the Counsel for Petitioner 1+1+ Respondent set not filed.
Application for Condonation of Delay not filed.
Complete record of district forum (complaint, reply, rejoinder and evidence) filed before district forum not filed.
Pagination not done in complete file.
The Petitioner/Learned Counsel for the Petitioner shall cure the defects within a period of five weeks.
List the matter before the Hon’ble Bench for admission hearing on 31.07.2023, if the defects are cured or else before the Registrar.
Let the copy of today’s Proceedings be sent to the Petitioner as well as to the Learned Counsel for the Petitioner for information and necessary action.
The matter was next taken up on 31.07.20223. Again none appeared for petitioner and the defects were not addressed. Proceedings dated 31.07.2023 may be quoted in this regard hereinbelow:
FOR THE PETITIONER :
NEMO
Dated : 31.07. 2023
PROCEEDINGS
None present for the Petitioner.
Registry has reported that the defects have not been cured and Revision Petition is not uploaded the E-daakhil Portal.
The Petitioner / Learned Counsel for the Petitioner shall cure the defects and upload the complete E-daakhil file in the E-daakhil Portal, within a period of five weeks.
List the matter before the Hon’ble Bench for admission hearing on 22.09.2023, if the defects are cured or else before the Registrar.
Again the proceedings dated 22.09.2023 show that none appeared for the petitioner and the defects remained uncured. Proceedings dated 22.09.2023 may be quoted in this regard hereinbelow:
FOR THE PETITIONER :
NEMO
Dated : 22.09.2023
PROCEEDINGS
None present for the Petitioner.
Registry has reported that the defects have not been cured.
The Petitioner / Learned Counsel for the Petitioner shall cure the defects within a period of five weeks.
List the matter before the Hon’ble Bench for admission hearing on 23.11.2023, 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.
The matter was last taken up on 23.11.2023. Proceedings indicate that none appeared for the petitioner even on that date and the defects also were not addressed. Proceedings dated 23.11.2023 may be quoted in this regard hereinbelow:
FOR THE PETITIONER :
NEMO
Dated : 23.11. 2023
PROCEEDINGS
None present for the Petitioner.
The instant Revision Petition was filed on 24.04.2023.
The matter was initially listed on 05.06.2023, and thereafter on 31.07.2023, 22.09.2023, on which dates 4-5 weeks’ time was granted to cure the defects, however, the defects have not been cured, till date.
The Petitioner is not present today, i.e. 23.11.2023, and even on earlier dates, the Petitioner was not present.
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 13.12.2023, if the defects are cured and the complete E-daakhil (defect-free) file is uploaded or else for directions.
Today again when the matter has been taken up none appears for the petitioner. The office report indicates that a number of defects are still outstanding and have not yet been cured. It appears that the matter is not being pursued in right earnest. It appears to be a 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 it may move appropriate application for recall of Order and restoration of petition in accordance with law while curing the defects along with it.
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.