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Judgment
Karuna Nand Bajpayee, Presiding Member
Repeatedly called out intermittently but none appears for the petitioners. Neither the counsel nor proxy counsel nor anybody else is present on their behalf.
Perusal of the order sheet shows that on 18.04.2023 which was the date fixed none appeared for the petitioners. Matter was listed again on 12.06.2023. Again none appeared for the petitioners. It appears that in the interest of justice the following Order was passed:-
Seen office report. It is not clear that whether Ld. Counsel for the Petitioners has been validly notified.
Issue fresh notice by all possible means.
List the matter on 11.09.2023 for final hearing.
Petitioners to file their Written Synopsis at least a week before the next date of hearing.
The office report dated 05.09.2023 shows that the notice was issued again to the petitioners and they are served. Yet today when the matter has been taken up none has appeared on behalf of the petitioners.
It appears to be a clear case of non-prosecution. Petition has been pending since 2018 and cannot be kept pending for indefinite period of time. Hence petition stands dismissed in non-prosecution.
However, in the interest of justice it may be observed that if the petitioners are interested in pursuing the matter in right earnest and feels aggrieved by this Order it may move appropriate recall/restoration application within one month from today.
The Registry is requested to send a copy each of this Order to all parties in the petition and to their learned counsel. The stenographer is requested to upload this Order on the website of this Commission immediately.