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Judgment
Karuna Nand Bajpayee, Presiding Member
Repeatedly called out.
None appears for the petitioner, neither the learned counsel, nor his proxy counsel and nor anybody else on his behalf.
The record has been perused. The perusal of the order-sheets of this case show that the matter is pending since October 2021 and a lot of time was consumed so that the defects as pointed out by the Registry may be cured by the petitioner. On most of the dates of hearing, none appeared on behalf of the petitioner. It transpires that eventually on 17.08.2022, the notice was issued by this Commission but the Office report dated 03.01.2023 reveals that the respondents’ set were not filed, so the notice could not be issued. Again on 09.01.2023, the matter was taken-up but none appeared on behalf of the petitioner. The Order dated 09.01.2023 reads as follows:
As per Office report, the Petitioner has not filed the Respondents set and, therefore, notice could not be issued. Let it be filed within two weeks, where-after the Registry shall issue notice to the Respondents, returnable on 28.04.2023.
It further transpires that when the matter was again taken up on 28.04.2023, nobody appeared on behalf of the petitioner and the following Order was passed:
Mr. Nikhil Kumar Singh, learned Counsel appearing for the Respondent No.1 prays for and is granted three weeks’ time to file his Vakalatnama.
As per Office report, notice issued to Respondent No.2 has been received back with the postal remark “Insufficient Address”, whereas the notice issued to Respondent No.3 has been received back with the postal remark “Left”
Let fresh addresses of Respondent Nos.2 and 3 be given by the Petitioner within three weeks, whereafter the Registry shall issue notice to the Respondent Nos.2 and 3, returnable on 11.09.2023.
List on 11.09.2023.
The Office report dated 05.09.2023 again shows that fresh address of the respondents no.2 and no.3 were not filed, so the notice could not be issued.
Today, again when the matter was taken-up, learned counsel for the respondent no.1 is present but none appears on behalf of the petitioner. It appears to be a clear case of non-prosecution. Indifference or apathy on behalf of the petitioner is not allowing this Commission to proceed further with the matter. The petition cannot be kept pending for an indefinite period of time. Hence, the same stands dismissed in default in non-prosecution.
However, it may be observed in the interest of justice, if the petitioner wants to pursue the matter in right earnest, he may move appropriate application seeking recall / restoration of the Order passed within one month from today.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel 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.