Sri Shyamal Gupta, Member
This Revision is preferred against the Order dated 17-02-2017 of the Ld. District Forum, Kolkata-I (North), passed in CC/506/2016.
Briefly stated, case of the Revisionist is that, it did not appear before the Ld. District Forum as the Respondent No. 1 filed the instant complaint case against a wrong entity. Further case of the Revisionist is that, it continues the legacy of a company, namely, Motorola India Pvt. Ltd. It is also submitted that Motorola India Pvt. Ltd. spun off its cellular phone business into a separate company, viz., Motorola Mobility India Pvt. Ltd. in the year 2011 which is now a subsidiary of Lenovo. The Revisionist herein and Motorola Mobility India Pvt. Ltd. are two distinct and separate entities and that, Motorola Mobility India Pvt. Ltd. is the only entity which is in the business of manufacture of mobile phone. As the Revisionist herein does not manufacture mobile devices, it duly intimated M/s Motorola Mobility India Pvt. Ltd. about the pendency of the instant complaint case before the Ld. District Forum. However, the said Company did not enter appearance before the Ld. District Forum and file requisite application for substitution of the name in the complaint case filed by the Respondent No. 1. It is claimed by the Revisionist that it has recently came to know that the case is proceeding ex parte against the Revisionist. Therefore, for the sake of articulating its position before the Ld. District Forum, present Revision is moved.
Notice was duly served upon all the Respondents. However, no one was present at the time of hearing. Therefore, only the Ld. Advocate for the Revisionist was heard.
Having heard the Ld. Advocate for the Revisionist and after going through the material on record carefully, in the interest of natural justice, we deem it appropriate to accord due liberty to the Revisionist to present its case before the Ld. District Forum.
Hence,
O R D E R E D
The Revision stands allowed ex parte against the Respondents. The impugned order is set aside. Parties to appear before the Ld. District Forum on 05-03-2019 for due consideration of the prayer of the Revisionist.
