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Judgment
Karuna Nand Bajpayee,Presiding Member
Learned counsel for the petitioner seeks further time to cure the defects.
Perusal of the record shows that sufficient opportunity and more has already been granted to cure the defects but they have not been addressed. In this regard proceedings dated 20.01.2023 may be quoted hereinbelow:-
Dated : 20.01.2023
PROCEEDINGS
None present for the Petitioner.
Registry has reported that the defects have not been cured and the E-daakhil file is not uploaded in the E-daakhil Portal.
The Petitioner / Learned Counsel for the Petitioner shall cure the defects, and upload the complete E-daakhil (defect-free) file, in the E-daakhil Portal, within a period of four weeks.
List the matter before the Hon’ble Bench for admission hearing on 21.03.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.
Let a copy of today’s Proceedings be sent to the Petitioner as well as to the Ld. Counsel for the Petitioner, for information and necessary action.
Again the matter was taken up on 21.03.2023 but the situation remained the same. The proceedings dated 21.03.2023 may be quoted in this regard:-
Dated : 21.03 2023
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 eight weeks’ time to cure the defects, both, in Physical as well as in the E-daakhil file.
List the matter before the Hon’ble Bench for admission hearing on 18.05.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.
Despite opportunity the defects still remained uncured. The proceedings dated 18.05.2023 are being quoted hereinbelow:
Dated : 18.05.2023
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 12.07.2023, if the defects are cured, or else before the Registrar.
Again when the matter was taken up on 12.07.2023 situation remained stil the same. Proceedings dated 12.07.2023 are quoted hereinbelow:
Dated : 12.07.2023
PROCEEDING
None present for the Petitioner.
Registry has reported that the defects have not been cured, both, in Physical as well as in the E-daakhil file.
In view of the intra office note dated 17.05.2022, list the matter before the Hon’ble Bench No. 1 for admission hearing on 24.08.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded, or else before the Registrar.
In the meanwhile, Petitioner/ Learned Counsel for the Petitioner shall cure the defects, both, in Physical as well as in the E-daakhil file.
Later matter was again taken up on 24.08.2023 none appeared for petitioner and the proceedings indicate that the defects still remained uncured. Proceedings dated 24.08.2023 are quoted hereinbelow:
Dated : 24.08.2023
PROCEEDING
None present for the Petitioner.
Registry has reported that the defects have not been cured and E-daakhil is still incomplete.
In view of the intra office note dated 17.05.2022, list the matter before the Hon’ble Bench No. 1 for admission hearing on 04.09.2023, if the defects are cured and the complete E-daakhil (defect-free) file is uploaded or else for directions.
Matter was taken up before the Bench on 19.09.2023. Adjournment was sought to cure the defects and further opportunity was again granted. Order dated 19.09.2023 may be quoted hereinbelow:
Dated : 19.09.2023
ORDER
Learned counsel appearing for the petitioner seeks adjournment, submitting that some further time may be granted to cure the defects.
List on 16.10.2023.
Today again the adjournment has been sought for the same purpose.
It appears that the matter is not being pursued in right earnest and the petitioner is not showing due diligence. It appears to be a case of non-prosecution. Request for adjournment is politely declined.
The petition is 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 and feels aggrieved by this Order it may move appropriate application for recall of Order and restoration of petition in accordance with law addressing the defects also along with the same.
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.