Mrs.Shilpi W/O Brijesh Agrawal And Another v. Managing Director/Ceo Prozon Palms, Hagwood Commercial Developers Pvt. Ltd., Nagpur

36wp 1547.2019.odt

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 by SANDIP MAHADEV GATE Date:

2021.12.24 11:56:33 +0530 SANDIP MAHADEV GATE SMGate