Mrs.Shilpi W/O Brijesh Agrawal ... vs Managing Director/Ceo Prozon ...
2021 Latest Caselaw 17977 Bom

                                                                                                         36wp 1547.2019.odt
                                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                                         Writ Petition No. 1547/2019

                              Mrs. Shilpi w/o Brijesh Agrawal and anr.
                                               ..VS..
                               Managing Director/CEO Prozon Palms
-----------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of                                     Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
                                          Shri A.A. Mardikar, Advocate for the petitioners
                                          Ms. Mitisha Kotecha h/f. Shri Anilkumar Singh, Advocates for
                                          the respondent

                                           CORAM :              AVINASH G. GHAROTE, J.

DATED : 23/12/2021

Heard Shri Mardikar, learned Counsel for the petitioners.

2. The petition challenges the order dated 17.10.2018, by which the complaint filed by the petitioners before the State Consumer Disputes Redressal Commission, has been dismissed in default for absence of the complainants and their Counsel. Though, the impugned judgment records the consistent absence of the learned Counsel for the complainants/petitioners, however, considering that, the matters is to be decided on merit and since the question of maintainability has been dealt with by this Court in Writ Petition No. 5953/2014, decided on 11.01.2016, I deem it appropriate to grant an opportunity to the petitioners/complainants to canvass their grievance before the State Commission, considering

SMGate 36wp 1547.2019.odt

which, in spite of the objection by learned Counsel for the respondent, the writ petition is allowed.

3. The impugned judgment is hereby quashed and set aside at the costs of Rs.25,000/- (Rupees Twenty Five Thousand only) to be paid by the petitioners to the respondent as a condition precedent.

4. The matter is remitted back to the State Commission to decide on merits.

                                                            JUDGE



                   Digitally signed
                   by SANDIP
         SANDIP    MAHADEV
                   GATE
         MAHADEV   Date:
         GATE      2021.12.24
                   11:56:33
                   +0530




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