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Judgment
Karuna Nand Bajpayee; Presiding Member
Learned proxy counsel appearing for the petitioner seeks adjournment in order to file respondent’s set. Perusal of the order sheet reveals that the matter is pending since 2022 and the Registry has been reporting since then that defects have not been cured. The Orders dated 28.02.2022, 28.04.2022, 07.07.2022, 29.03.2023 all indicate the same state of affairs. Even though at some stage notice was directed to be issued but according to the office report as the petitioner is not filing the respondent’s set it has not been possible to issue notice. Order dated 07.07.2022 indicates that on the assurance of petitioner last and final opportunity was given to cure the defects within a period of four weeks. It is not difficult to see that the indifference on the part of the petitioner and non-compliance of Orders is not allowing the petition to proceed further.
It is a clear case of non-prosecution. Hence the petition stands dismissed as such.
However, it may be observed, in the interest of justice, that if the petitioner is interested to pursue the matter in right earnest he may move appropriate application seeking recall of Order and restoration of the petition.
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.