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Judgment
Karuna Nand Bajpayee, Presiding Member
Repeatedly called out, none appears for the Petitioner, neither the counsel nor proxy counsel nor any other authorized representative.
The order-sheets of this case reveal that nobody has been appearing for the Petitioner since long. On the last date of hearing, i.e. on 23.03.2023 also none had appeared on Petitioner’s behalf. The order dated 23.03.2023 reads as follows:
As per Office report, notice issued to Respondent No.1 and Respondent Nos. 2 & 4 have been received back with the postal remarks “Insufficient Address” and “Left” respectively.
Let fresh address of Respondent Nos. 1, 2 and 4 be given by the Petitioner within three weeks, whereafter the Registry shall issue notice to the Respondent Nos. 1, 2 and 4, returnable on 17.08.2023.
List on 17.08.2023.
But as fresh address of the Respondents has not been furnished by the Petitioner, the notice could not be issued as per office report. Even before that, the matter has been listed a number of times but none appeared on behalf of the Petitioner to pursue the matter and to assist the Commission to proceed further. The order-sheets dated 15.02.2023, 06.10.2022, 01.08.2022 also demonstrate the same status of Petitioner’s non-appearance.
It appears to be a clear case of non-prosecution, the Petition pertains to the year 2019 and the file cannot be kept pending for indefinite period of time. The directions of the Commission to issue notice to the Respondents has remained un-complied with as nobody is pursuing the matter on behalf of the Petitioner.
Hence, the instant Revision Petition stands dismissed in non-prosecution.
However, it may be observed that in the interest of justice, if the Petitioner wants to pursue the matter in right earnest, it shall move appropriate application seeking recall / restoration of the Order passed within three months from today.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.