Warrant Can't Be Issued When Party Is Duly Represented Through Counsel: Rajasthan HC Grants Relief To Nokia Directors

The Rajasthan High Court has reiterated that summons/ warrant cannot be issued for insisting personal appearance of a party when such party has entered appearance and is represented by a counsel.

Justice Dinesh Mehta thus granted relief to two Directors of Nokia India against whom bailable warrants were issued by a District Consumer Commission in Jodhpur. The bench also directed the Commission to decide the petitioners' application for dropping the proceedings against them. It also made clear that till the application is decided, the petitioners' personal presence shall not be insisted upon.

The petitioners were impleaded in a matter before the Consumer Forum relating to Microsoft Corporation, which took over Nokia's devices and services business in September 2013.

Senior Advocate Vineet Jain, assisted by Advocate Vivek Mathur, argued for the petitioners that the cause title of the complaint and was filed clearly mentioning 'Nokia India Pvt. Ltd.' now known as 'Microsoft Corporation Pvt. Ltd.', which shows that the complainant was well aware of the fact that business of mobile handset is no more being done by Nokia.

However, while filing execution application, the complainant unnecessarily them (Nokia directors) into the litigation.

The Consumer Forum had rejected the Petitioners' application to drop their names from the ongoing matter. Instead, it issued bailable warrants against them for putting their appearance through a counsel and not personally.

While quashing this order, the Court said, "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."

Case Title: Mr Murugan Mp S & Anr. v. State of Rajasthan & Ors

Citation: 2022 LiveLaw (Raj) 239 

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