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M/S Vardhman Ispat Udyog vs Consumer Grievances Redressal
2023 Latest Caselaw 18825 HP

Citation : 2023 Latest Caselaw 18825 HP
Judgement Date : 4 December, 2023

Himachal Pradesh High Court

M/S Vardhman Ispat Udyog vs Consumer Grievances Redressal on 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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