Rajasthan High Court quashes bailable warrants issued by consumer forum against Nokia India directors

While granting relief to the directors of technology company Nokia India, the Rajasthan High Court recently observed that district consumer forums cannot legally issue bailable warrants/summons for personal appearance when parties are represented by their counsel [Murugan & Anr v. State of Rajasthan & Ors]..Justice Dinesh Mehta set aside an order dated August 5 passed by the District Consumer Disputes Redressal Commission requiring the personal appearance of the Nokia directors."The Commission was not legally justified in issuing bailable warrant/summons to the petitioners – Directors of the company, when their counsel was present before the Commission and an application for discharging/deleting their names had been filed," the order stated..In the present case, the petitioners were impleaded as parties in a matter pertaining to Microsoft Corporation before the Commission.During the hearing, counsel for the petitioners contended that the complaint was filed against ‘Nokia India Pvt. Ltd.’ now known as ‘Microsoft Corporation Pvt. Ltd.’ This suggested that the complainant was well aware of the fact that business of mobile handsets was no more being done by Nokia India, and the same was being carried on by Microsoft, he added.While filing an execution application, the complainant impleaded Nokia India through its directors and did not implead Microsoft or its directors, it was submitted..Further, stating that the petitioners have been unnecessarily dragged into the present matter, the counsel argued that an application for dropping their names has been filed in the execution application. However, instead of deciding the same, the Commission has issued summons/bailable warrants against the directors.After hearing the parties, the Court directed the Commission to decide the petitioners’ application filed on August 5 for dismissing the case or dropping the proceedings."In view of the aforesaid, the order dated 05.08.2022 requiring personal presence of the petitioners is hereby quashed and set aside," the Court ordered..Senior Advocate Vineet Jain and Advocates Vivek Mathur, Prakash Kumar and Sohail Sehgal appeared for the petitioners. .[Read Order]