Citation : 2023 Latest Caselaw 18825 HP
Judgement Date : 4 December, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 649 of 2023
Date of Decision: 04.12.2023
.
M/S Vardhman Ispat Udyog .....Petitioner.
Versus
Consumer Grievances Redressal
Forum & another .....Respondents.
Coram
Hon'ble Mr. Justice Bipin Chander Negi, Judge.
of
Whether approved for reporting?1
For the petitioner: Mr. Shrawan Dogra, Senior Advocate
with Mr. Manik Sethi, Advocate.
For the respondents: rt Ms. Sunita Sharma, Senior Advocate
with Ms. Lalita Sharma, Advocate, for
respondent No.2.
Bipin Chander Negi, Judge (oral)
The petitioner had filed a complaint before the Consumer
Grievances Redressal Forum at Kasumpti, Shimla, H.P. During the
pendency of the proceedings, the present petitioner had moved an
application for withdrawal of the complaint filed and pending for
adjudication before the concerned Forum.
2. At this juncture, it would be appropriate to refer to
relevant part of the application, so filed for withdrawal of the
complaint. The relevant extract of the application is being reproduced
herein below:-
"Therefore, the undersigned has received instructions from the complainant instructing him to withdraw the said complaint filed before the Hon'ble Forum, without prejudice to his legal rights regarding the lis with better and correct particulars."
Whether reporters of Local Papers may be allowed to see the judgment? Yes.
3. From a perusal of the aforesaid, it is evident that the
petitioner wanted to withdraw his complaint pending for adjudication
.
before the Forum without prejudice to his legal rights.
4. In the aforesaid backdrop, vide impugned order dated
21.11.2023, the Consumer Grievances Redressal did not permit the
petitioner to withdraw his complaint. Today, learned counsel on behalf
of the petitioner submits that he simplicitor wants to withdraw his
of complaint which is pending before the Forum without seeking liberty.
5. In the aforesaid attending circumstance learned Senior rt counsel appearing on behalf of respondent No.2 submits that upon
instructions received, the respondent No.2. would not have any
grievance, if the petitioner is permitted to withdraw the petition without
any liberty being reserved.
6. In view of the aforesaid, the present present is allowed.
The order dated 21.11.2023 is quashed and set-aside. The petitioner
is permitted to withdraw his lis i.e. Complaint No. 3325/202308/28,
titled as M/S Vardhman Ispat Udyog vs. HPSEBL & others pending
adjudication before the Consumer Grievances Redressal Forum. It is
made clear that no liberty has been reserved as the complaint is
withdrawn simplicitor without reserving liberty.
Pending miscellaneous application (s), if any, shall also
stand disposed of.
(Bipin Chander Negi) Judge
December 04, 2023 (Nisha)
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