Order

Called out.  Parties and their counsels are absent.  While Counsel for R-2 is present.  Above said case came up for todays board for argument on merits.  The above complaint is remanded by the Hon’”ble State commission in its order in Appeal No.1573/2013 dtd.15/10/2015, where in the said order, the Hon,ble State Commission by allowing the appeal set aside the order passed by this forum in CC 92/2013 dtd.17/9/2013 & remanded the same to this forum with direction to consider the case as fresh on merits in the light of observation made in the above Appeal Order dt15/10/2015.  After received the records from the Hon”ble State Commission , as per the direction of the State Commission, on the office note the case fle was ordered to put up to 9/3/2016 board.  On that day complainant and complainants advocate absent.  While R-1 and R-2 represent the case .  Hence order to issue notice to the complainant and file Vakalat of R-1 and R-2 & to file written version if any, date was given fixing the hearing date 29/3/2016.  On that day R-1 advocate filed Vakalat. None filed written version as per opportunity given.  Hence opportunity was given to file evidence affidavit on 21/4/2016.  None appeared on 21/4/2016.  Hence adjourned to 16/5/2016.  On 16/5/2016 none appeared and filed evidence affidavit .  On 21.5.2016 called none appeared .  On 8/6/2016 Shri A.A.Joshi Advocate filed Vakalat on behalf of complainant, adjourned to 9/6/2016. None appeared accordingly adjourned to 16/6/2016, subsequently on 28/6/2016.  On that day complainant prays for time for argument, hence adjourned to 4/7/2016.  Complainant absent, hence adjourned to 7/7/2016.  Except R-2 all are absent.  On 13/7/2016 except R-2 counsel none appeared for complainant and R-1.  Hence finally one more opportunity given for argument & posted to 19/7/2016.  Called , except R-2 none appeared.

                        The above said complaint is remanded on the appeal preferred by the complainant.  So it is the complainant to prosecute his case .  Perusal of the order sheet it reveals that even after sufficient opportunity given,  the complainant and his counsel did not turn up and prosecute the case as directed by the Hon”ble State commission.  Hence it is evident that the complainant is not interested in prosecuting the case.  Looking into the order sheet there is no necessity to give further opportunity   as the parties are not representing the case properly on given dates .  Hence we inclined to dismiss the complaint for non- prosecution/default.