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Judgment
Karuna Nand Bajpayee,Presiding Member
Learned counsel for the petitioner seeks further time to cure the defects. The petition has been filed with a reported delay of 1193 days and is pending since 2022.
Perusal of the record shows that sufficient opportunity and more has already been granted to cure the defects and they have not been addressed. In this regard proceedings dated 08.12.2022 may be quoted hereinbelow:-
Dated : 08.12.2022
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.
List the matter before the Hon’ble Bench for admission hearing on 24.01.2023, if the defects are cured, else before the Registrar.
The perusal of the record shows that when the matter was taken up next, the defects remained uncured even then. The proceedings dated 24.01.2023 may be quoted in this regard:-
Dated : 24.01 2023
PROCEEDINGS
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.
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 24.03.2023, if the defects are cured and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.
Later on Mr. Aditya Vikram Singh, Advocate has put in appearance and he has been apprised of today’s proceedings.
Again when the matter was taken up on 24.03.2023 it was found that the defects had still not been cured. Despite opportunity the defects still remained uncured. The proceedings dated 24.03.2023 are being quoted hereinbelow:
Dated : 24.03.2023
PROCEEDINGS
Registry has reported that the defects have not been cured, both, in Physical as well as in the E-daakhil file.
Learned Counsel for the Petitioner prays for and is allowed four weeks’ time to cure the defects, both, in Physical as well as in the E-daakhil file, as a last and final opportunity.
List the matter before the Hon’ble Bench for admission hearing on 03.05.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.
It further transpires that on 03.05.2023 further opportunity was given to cure the defects. Proceedings dated 03.05.2023 are quoted hereinbelow:
Dated : 03.05.2023
PROCEEDINGS
Registry has reported that the matter is defective, both in physical as well as in the E-daakhil file.
Learned counsel for the Petitioner prays for and is allowed four weeks’ time to cure the defects and upload the complete E-daakhil (defect-free) file, in the E-daakhil Portal.
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 09.06.2023, if the defects are cured and the complete E-daakhil (defect-free) file is uploaded or else for directions.
Again when the matter was taken up on 09.06.2023 situation remained the same. Order dated 09.06.2023 are quoted hereinbelow:
Dated : 09.06.2023
ORDER
Defects not cured.
The matter be listed before the Registrar on 13.07.2023 for removal of defects.
Thereafter when the matter was taken up on 13.07.2023 the defects were still there but none appeared for the petitioner. Further opportunity was again given. Proceedings dated 13.07.2023 may be quoted here in below:
Dated : 13.07.2023
PROCEEDING
Vide Order dated 09.06.2023, the matter has been placed before the Registrar for removal of the defects.
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.
List the matter before the Hon’ble Bench for admission hearing on 22.08.2023, if the defects are cured 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 within a period of four weeks.
Later on, Mr. Amit Bhardwaj, Advocate on behalf of the Petitioner has put in appearance and he has been apprised of today’s Proceedings.
On the last occasion, that is to say, on 22.08.2023 the Registry again reported that the defects had not been cured. Proceedings dated 22.08.2023 may be quoted hereinbelow:
Dated : 22.08.2023
PROCEEDING
Registry has reported that the defects have not been cured.
Learned Counsel for the Petitioner prays for and is allowed five weeks’ time to cure the defects.
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 19.10.2023, if the defects are cured and the complete E-daakhil (defect-free) file is uploaded or else for directions.
Today again when the matter is taken up the office indicates a number of defects. It is apparent that the petitioner is not pursuing the matter in right earnest and 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 he 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.