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Judgment
Karuna Nand Bajpayee, Presiding Member
Repeatedly called out. None appears on behalf of the petitioner.
The perusal of the record indicates that the office had reported some defects which were not cured. The proceedings dated 07.12.2022 may be quoted herein below:
PROCEEDING
Registry has reported that the defects have not been cured.
Learned Proxy Counsel for the Petitioner prays for and is allowed six weeks’ time to cure the defects.
List the matter before the Hon’ble Bench for admission hearing on 20.02.2023, if the defects are cured or else before the Registrar.
The subsequent proceedings show that the defects were not cured again and further time was given. The proceedings dated 20.02.2023 may be quoted in this regard herein below:
PROCEEDING
Registry has reported that the matter is defective. Ld. Proxy Counsel for the Petitioner prays for and is allowed six weeks’ time to cure the defects. List the matter before the Hon’ble Bench for admission hearing on 03.05.2023, if the defects are cured, or else before the Registrar.
Again the proceedings dated 03.05.2023 indicate that the defects were not cured. The same may be quoted herein below:
PROCEEDINGS
Registry has reported that the matter is defective for the following reasons:-
Respondent set not filed.
Correct section not mentioned in Revision Petition.
Copy of rejoinder and evidence not filed.
Learned Counsel for the Petitioner prays for and is allowed five 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 22.06.2023, if the defects are cured or else before the Registrar.
The matter was last taken-upon on 22.06.2023 when none appeared on behalf of the petitioner and the Commission had granted the last opportunity to the petitioner to attend the case. The Order dated 22.06.2023 may be quoted herein below:
ORDER
Nobody appears for the petitioner. Last opportunity is given to the petitioner to attend the case. List on 09.10.2023.
Today again when the matter has been taken-up, none appears for the petitioners, neither his learned counsel, nor the proxy counsel and nor anybody else on his behalf. 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 the learned counsel for petitioner within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.