Extracted from the PDF above. The PDF is authoritative.
Item No. 3-6
IN THE HIGH COURT OF MANIPUR AT IMPHAL
WP(C) No. 41 of 2025 with MC(WP(C) No. 35 of 2025 with CRP(CRP Art. 227) No. 37 of 2024 with MC(CRP(CRP Art. 227) No. 64 of 2024
Ace Alliance Private Ltd.
…..Petitioner/s
- Versus –
State of Manipur (CAF & PD), Manipur & 5 Ors.
.... Respondent/s
BEFORE HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
29.01.2025 [1]
Heard Mr. P. Tomcha, learned counsel for the petitioner, Mr. Y. Ashang, learned G.A. assisted by Mr. Phungyo Zingkhei, learned Dy. G.A. for the State respondent and Mr. N. Ibotombi, learned senior counsel assisted by Mr. A. Rommel, learned counsel for the private respondent/complainant before the district forum. [2]
In CRP(CRP Art. 227) No. 37 of 2024: The petitioner is challenging the order dated 31.07.2024 passed by the Ld. District Consumer Forum Commission, Imphal in Consumer Complaint Case No. 4 of 2024 mainly on the ground that on the day, the matter was heard by the Commission, the term of the members of the Commission has already expired and hence, the impugned was passed without any jurisdiction.
[3]
In WP(C) No. 41 of 2025: The petitioner is challenging the extension orders of the terms of the members of the District Consumer Forum Commission, Imphal on the ground that the statute does not provide any power of extension. [4]
In CRP(CRP Art. 227) No. 37 of 2024: Mr. N. Ibotombi, learned senior counsel for the private respondent/complainant, draws the attention of this Court to the provisions of Section 41 of the Consumer Protection Act, 2019 which stipulates that against any order passed by a District Consumer Commission, an appeal shall lie before the State Consumer Commission and hence, the present petition filed under Article 227 of the Constitution of India before this Court is not maintainable in the present form. [5]
In WP(C) No. 41 of 2025: Mr. Y. Ashang, learned G.A. for the State respondent, states that since the petitioner is not an aggrieved party, a writ in the nature certiorari will not lie. [6]
At this stage, Mr. P. Tomcha, learned counsel for the petitioner, on instruction, submits that he may be permitted to withdraw the present petitions i.e. CRP(CRP Art. 227) No. 37 of 2024 and WP(C) No. 41 of 2025 with liberty to approach appropriate forum for his grievance as per rule. [7]
Learned counsel for the respondents have no objection in withdrawing the present petitions without expressing any opinion by this Court.
[8]
Recording the submissions made at the bar, the present petitions are dismissed as withdrawn with liberty to approach appropriate forum as per rule, if so advised. [9]
It is made clear that this Court does not express any opinion on the merit of the case. [10]
With this observation, the petitions are disposed of. [11]
Furnish a copy of this order to the learned counsel appearing for the parties.
JUDGE
Kh. Joshua Maring
KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2025.01.31 09:41:13 +05'30'