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2025 DAILYLAW 45229 (ALL)

M/S KALESHWARI POWER PRODUCT PVT. LTD. v. UNION OF INDIA AND ANOTHER

WRIC/11972/2025 · 2025-04-21

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:59938-DB Court No. - 39 Case :- WRIT - C No. - 11972 of 2025 Petitioner :- M/S Kaleshwari Power Product Pvt. Ltd. Respondent :- Union Of India And Another Counsel for Petitioner :- Pankaj Dwivedi,Vinod Kumar Counsel for Respondent :- A.S.G.I. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Pankaj Dwivedi, learned advocate appears on behalf of petitioner and submits, his client transacts business through e-market place portal. A purchaser did not make payment. His client lodged complaint. The purchaser was found to be at fault. Said purchaser filed frivolous complaint using pseudonym. By reason of the false complaint, his client's account has been suspended and it is unable to do business. He seeks interference. 2. We find respondents are Union of India through appropriate Ministry and Chief Executive Officer, Government e-Marketplace SPV under said Ministry. They go unrepresented even on revised call. 3. On query Mr. Dwivedi submits, incident resolution process is in place. In circumstances, petitioner is directed to answer the charge in the case filed against it, with reliable evidence for there to be resolution and finding that the complaint is frivolous. Petitioner can also seek enforcement on the finding of guilt against its purchaser. Petitioner, in approaching the incident resolution authority, has liberty to produce certified copy of this order. The authority is requested to expedite on approach. 6. The writ petition is disposed of. Order Date :- 22.4.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad