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Judgment
Karuna Nand Bajpayee, Presiding Member
None appears for the petitioner despite repeated calls. The matter is pending since 2022. It appears that the Registry had reported certain defects which could not be cured. The proceeding dated 10.01.2023 may be quoted herein below:
PROCEEDINGS
Registry has reported that the defects have not been cured.
Learned Counsel for the Petitioner prays for and is allowed four weeks’ time to cure the defects.
Ld. Counsel for the Petitioner shall also upload the complete E-daakhil (defect-free) file, in the E-daakhil Portal, within the above-said period.
List the matter before the Hon’ble Bench for admission hearing on 06.03.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.
It transpires from the record that the defects were still not addressed. The proceedings dated 06.03.0223 may be quoted herein below:
PROCEEDINGS
Registry has reported that the defects have not been cured in Physical file and the E-daakhil file is not uploaded in the E-daakhil Portal.
Learned Counsel for the Petitioner prays for and is allowed four weeks’ time to cure the defects and to upload the complete E-daakhil (defect-free) file, in the E-daakhil Portal.
List the matter before the Hon’ble Bench for admission hearing on 31.03.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.
Again the proceeding dated 31.03.2023 shows that the defects were not cured and the further time was given as a last and final opportunity to the petitioner to cure the same. The proceedings dated 31.03.2023 may be quoted herein below:
Registry has reported that the defects have not been cured.
Learned Counsel for the Petitioner prays for and is allowed three weeks’ time to cure the defects, as a last and final opportunity.
Learned Counsel for the Petitioner shall also upload the complete E-daakhil (defect-free) file, in the E-daakhil Portal, within the above-said period.
List the matter before the Hon’ble Bench for admission hearing on 25.04.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.
It appears that on 25.04.2023 notice was issued to the respondents but respondents no.1 and no. 3 could not be served and the same was received back with the postal remarks “Left” and “Left without address” respectively.
On the last date of hearing, adjournment was sought on behalf of the petitioner and today again, none appears for the petitioner neither his learned counsel, nor the proxy counsel and nor anybody else on behalf of the petitioner. It appears to be a clear case of non-prosecution.
The instant petition stands dismissed in non-prosecution as such.
However, in the interest of justice, it may be observed that if the petitioner wants to pursue the matter in right earnest, he may move appropriate application seeking recall / restoration of the instant Order in accordance with law.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their respective learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.
Later on, Mr. Madhurendra Kumar, learned counsel appeared for the petitioner. He was apprised of the Order.