Bombay High CourtWP/5765/2019dismissedrule discharged

Authorised Officer, Larsen And Toubro Ltd., Nagpur And Another v. State Of Maharashtra Thr. The Secretary, Ministry Of Corporate Affairs, Mumbai And Another

2019-08-19Hon'Ble Shri Justice Z.A. Haq1 pages

1 wp5765.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5765/2019 Authorized Officer & anr.

..VS..

State & anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.H. Chandurkar, Advocate for the petitioner(s) Shri N.R. Patil, AGP for the respondent/State CORAM : Z.A.HAQ, J.

DATED : 19/08/2019 The complainant who was respondent before the State Consumer Disputes Redressal Commission is not impleaded as party in this petition.

The learned advocate for the petitioners states that the appeal came to be dismissed before notice of the appeal was issued to the respondent (original complainant) in that appeal. In my view, though the appeal is dismissed before notice of the appeal came to be issued to the respondent (complainant) in that appeal, he is necessary party in this petition as substantive right is created in favour of the complainant because of dismissal of the appeal in default.

As necessary party is not impleaded, the petition is dismissed with liberty to the petitioners to file proper petition, if so advised. No costs.

JUDGE Ansari