1. Proxy counsel appears for the petitioner and seems more time to file fresh address of the respondents. 2. Perusal of the record show that petition is pending since 2020. That initially the Registry had reported certain defects. Later on the notice was issued to respondents on 14.03.2022 but the notice could not be issued as the petitioner had not filed respondents’ set. The Order dated 14.03.2022 may be quoted hereinbelow in this regard:- Dated : 14 Mar 2022 Issue notice to the Respondents on the Memo of Revision as also Interim Applications, returnable on 13.07.2022. Till the next date, the operation of the Impugned Order dated 06.12.2019 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad shall remain stayed. List on 13.07.2022. |
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3. As the petitioner did not file respondents’ set the notice could not be issued to him despite opportunity granted to it. Orders dated 13.07.2022 and 24.11.2022 are quoted hereinbelow in this regard:- Dated : 13 Jul 2022 ORDER | As per Office Report, the Petitioner has not filed the Respondents’ set and therefore notice could not be issued to the Respondents. Let it be filed within two weeks. Whereafter, the Office shall issue notice to the Respondents, returnable on 24.11.2022. List on 24.11.2022. |
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Dated : 24 Nov 2022 ORDER | As per Office Report the Petitioner has not filed the Respondents’ set. Let it be filed within three weeks. Whereafter, the Office shall issue notice to the Respondents, returnable on 23.03.2023. List on 23.03.2023. |
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4. However, later on notice issued to respondents was received back unserved and petitioner was directed to furnish fresh address of the respondents. Order dated 23.03.2023 is quoted hereinbelow in this regard:- Dated : 23 Mar 2023 ORDER | As per Office report, notice issued to Respondent has been received back. Let fresh address of Respondent be given by the Petitioner within three weeks, whereafter the Registry shall issue notice to the Respondent, returnable on 10.08.2023. List on 10.08.2023. Dasti is also permitted. |
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5. The matter was last taken up on 10.08.2023. Further time was sought to file fresh address of the respondents which was granted again. Order dated 10.08.2023 reads as under:- ORDER | Learned counsel for the petitioner seeks some time to file fresh address of the respondents. She may do so within two weeks from today. Thereafter, let the notice be issued to the respondents on furnishing their fresh address. The notice to also be ‘dasti’ in addition. List on 25.10.2023. |
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6. Today the matter has been taken up again. The Office report shows that the fresh address has not been filed. It appears that the matter is not being pursued with due diligence. It appears to be a case of non-prosecution. Request for adjournment is politely declined. The petition is dismissed in non-prosecution. 7. However, in the interest of justice it may be observed that if the petitioner is interested in pursuing the matter in right earnest with due diligence and feels aggrieved by this Order it may move appropriate recall/restoration application in accordance with law along with the fresh address of the respondents. 8. The Registry is requested to send a copy each of this Order to all parties in the petition and to the learned counsel for the petitioner. The stenographer is requested to upload this Order on the website of this Commission immediately. | 
