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Judgment
Karuna Nand Bajpayee, Presiding Member
M.A. No. 609 of 2023 (for Restoration)
The instant miscellaneous application being M.A.No.609 of 2023 has been filed seeking recall of the Order dated 17.10.2023 whereby the appeal was dismissed in non-prosecution.
Heard the learned counsel for the applicant / appellant and perused the entire material on record including inter alia the Order dated 17.10.2023 and the application seeking restoration of the Appeal.
Learned counsel for the applicant / appeal has tried to explain the circumstances which led to the dismissal of the appeal vide Order dated 17.10.2023 passed by this Commission.
The grounds taken in the application for restoration of the appeal are sufficient. Accordingly, the Order dated 17.10.2023 passed by this Commission stands recalled and the appeal stands restored to its original number.
Learned counsel for the appellant submits that the respondent is residing at the same address as mentioned in the memo of parties.
Notice on the memo of appeal to the respondent. The Registry is directed to ensure that the notice is issued and dispatched within one week from today.
The notice to also be ‘dasti’ in addition.
The appellant is directed to ensure that ‘dasti’ service of the notice is duly effected on the respondent by the next date of hearing without fail.
List on 12.04.2024.
The Registry is requested to send a copy each of this Order to the parties in the Petition and to their learned counsels 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.
The operation of the impugned Order dated 03.03.2022 passed by the State Commission in C.C. No.13 of 2017 shall remain stayed till the next date of hearing i.e. 12.04.2024.