Sr. No.33 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: MA No. 42/2023 Kamla Gupta and others …Petitioner(s)/Appellant(s) Through: Mr. Anil Biloria, Advocate v/s Jammu Rural Bank and others …. Respondent(s) Through: Ms. Uma Kapahi, Advocate vice Mr. Parveen Kapahi, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 28.05.2025 1. A complaint under J&K Consumer Protection Act, titled, “Deep Raj vs. Jammu Rural Bank and Another” came to be dismissed by the respondent No. 3 for non-prosecution vide order dated 05.08.2014. The appellants filed an application for restoration of the said complaint on 01.09.2014 on the ground that the counsel for the appellants was busy in the High Court of J&K for the whole day, as his fresh case bearing SWP No. 2064/2014 was listed in the supplementary cause list on 05.08.2014 and he had told the appellants that their presence was not required before the respondent No. 3 and he would cause appearance on each and every date of hearing. 2. The respondents filed the response objecting the application for restoration of the complaint on the ground that there is no provision in the 2 MA No. 41/2023 J&K Consumer Protection Act to restore the complaint dismissed for non- prosecution. 3. The respondent No. 3 vide order dated 15.06.2023 dismissed the application for restoration of the complaint filed by the appellants on the ground that it had no power to review or recall its own order. 4. The appellants through the medium of instant appeal have impugned the order dated 05.08.2014 as well as order 15.06.2023 on the grounds that the orders impugned are not sustainable in the eyes of law and the respondent No. 3 should not have dismissed the complaint in default of appearance but ought to have afforded a reasonable opportunity to the appellants to put forth their case and further that the appellants cannot be punished for the fault of their counsel. 5. Notice, waived by Ms. Uma Kapahi, Advocate appearing vice Mr. Parveen Kapahi, Advocate on behalf of respondents. 6. Heard learned counsel for the parties and considered the matter. 7. A perusal of the application for restoration of the complaint reveals that on 05.08.2014, the counsel for the appellants was not present as he was busy before the High Court in SWP No. 2064/2014 and further that the appellants were assured by their counsel that their presence was not necessary and he would represent them on each and every date of hearing. The application was supported by an affidavit of Mr. Anil Biloria, Advocate counsel for the appellants. Interim order dated 05.08.2014 in SWP No. 2064/2014 substantiating the preoccupation of learned counsel for the appellants before the High Court, was also placed on record. 3 MA No. 41/2023 8. In para 7 of the application filed by the appellants before the respondent No. 3, it was specifically pleaded that the complaint was fixed for final arguments. The respondents admitted the said factum in their response to application for restoration of the complaint. Thus, it is admitted fact that the complaint was listed for final arguments. 9. After examining the record, we find that the appellants had demonstrated sufficient cause for not causing appearance before the respondent No. 3 on 05.08.2014 when the complaint of the appellants was dismissed in default. When the complaint was listed for final hearing, the respondent No. 3 ought to have issued notice to learned counsel appearing for the appellants, instead of dismissing the complaint for non-prosecution. 10. In view of the above, we are of the considered view that the order dated 05.08.2014 is not sustainable in the eyes of law and accordingly, the same is set aside. The matter is remanded back to the respondent No. 3. The parties are directed to appear before the respondent No. 3 on 30.06.2025. 11. Registry to send copy of this order to the respondent No. 3. 12. Record, if received in original, be sent back. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 28.05.2025 Karam Chand/Secy. Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No KARAM CHAND 2025.05.29 15:51 I attest to the accuracy and integrity of this document