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Judgment
Karuna Nand Bajpayee, Presiding Member
Repeatedly called out, none appears for the Petitioners, neither the learned counsel nor the proxy counsel nor anybody else.
The perusal of the order-sheets of this case reveal that none has been appearing on behalf of the Petitioners since long. The following Order was passed on the last date of hearing i.e. on 27.03.2023 which reads as thus:
As per Office report, notice could not be issued to the Respondents as the Petitioners have not filed fresh address. Let it be filed, within three weeks. Thereafter, the Registry shall issue notice to the Respondents, returnable on 17.08.2023.
But the Office report shows that as fresh address has not been furnished by the Petitioners, the notice could not be issued to the Respondents. Similarly on the previous date i.e. on 02.12.2022 none had appeared for the Petitioners and the following Order was passed:
As per Office Report, fresh address of the Respondents has not been filed and therefore notice could not be issued. Let it be filed within three weeks. Whereafter, the Office shall issue notice to the Respondents, returnable on 27.03.2023.
List on 27.03.2023.
Reply be filed in the meanwhile.
Still before that on 19.07.2022, the following Order was passed:
As per Office Report, fresh address of the Respondents has not been filed by the Petitioners 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 02.12.2022.
List on 02.12.2022.
On 06.04.2022, this Commission had passed the following Order which reads as thus:
As per Office Report, notice sent to the Respondents have been received back with postal remark ‘left’. Fresh steps be taken to serve the Respondent within two weeks. Whereafter, the office shall issue notice, returnable on 19.07.2022.
List on 19.07.2022.
On 06.04.2023 also none had appeared for the Petitioners.
It is apparent from the perusal of the record that for the reasons best known to the Petitioners, they are not interested to pursue the matter and no assistance is being rendered on behalf of the Petitioners to this Commission to proceed further.
It appears to be a clear case of non-prosecution. The Petition can not be kept pending for indefinite period of time. Hence, the same stands dismissed in non-prosecution.
However, it may be observed that in the interest of justice, if the Petitioners want to pursue the matter in right earnest, they may move appropriate application seeking recall / restoration of the Order passed within three months 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.