1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4287 OF 2009 Shri Rameshchandra Gokuldas Lahoti and others. Petitioners. V E R S U S Sahebrao Damu Patil and another. Respondents. Shri N.N. Chitlange, Advocate for the petitioners. Shri P.P. Bafna, Advocate for the respondent No.2. R-1 Served. CORAM : B. R. GAVAI, J : DATE : 25TH NOVEMBER, 2009. PER COURT :- 1. Rule. Rule made returnable forthwith. Heard by consent. 2. Inspite of notice being issued for final disposal, none appears for respondent no.1. Shri Bafna, advocate appears for respondent No.2. The petitioner has challenged the order dated 30.04.2007 in complaint No.58/2007 and subsequent issuance of warrant in application No.111/2007. It is the contention of the petitioner that the bank of which the petitions were directors was sealed by the Deputy Director of Cooperative Societies. It is submitted that the address of the petitioner mentioned in the complaint, was of the Bank and that the notice received by the watchman of the said Bank 2 was found to be sufficient service on the petitioners. It is submitted that it is only after the receipt of warrant, issued by the Learned Consumer forum, the petitioners came to know about the order passed in the complaint on 30.04.2007. 3. On perusal of the documents placed on record it is clear that notices issued to the petitioners were received by the watchman of the bank. It can also be seen that address is given in the complaint was that of a bank and residential address of none the petitioner was given. I am of the considered view that there was no proper service to the petitioners. As such, the order that has been passed by the Learned Consumer Forum is passed without giving sufficient opportunity to the petitioners to represent their case. In that view of the matter, rule is made absolute in terms of prayer clause ‘A’. Matter is remitted to the Learned Consumer Forum for deciding it afresh after giving opportunity of being heard to the present petitioners. ( B. R. GAVAI, J. ) ..... aaa/4287.09