ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Appeal No. S-100 of 2022

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For Orders on MA No. 5529/2022 (U/A)

2. For Orders on MA No. 5530/2022 (Stay/A)

3. For hearing of main case.

23-01-2023.

Mr. Waqar Ali Phulpoto, advocate for appellants.

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1. Granted.

2. Deferred.

3. By way of instant Crl. Appeal, the appellants have impugned order dated 11-10-2022 passed by learned Presiding, Officer Consumer Protection Court, Sukkur, whereby they were ordered to replace the battery purchased by the private respondents from them or to pay the cost whereof with compensation of Rs. 10,000/- and in default whereof, they will be liable to be punished with imprisonment for a term not less than month which may extend to three months or with fine not less than Rs.50,000/-, which may extend to Rs. 200,000/- or with both.

It is contended by learned counsel for the appellants that the appellants were never served the notice of learned trial Court, therefore, the impugned order, which is ex-parte being illegal is liable to be set aside.

The contention of the appellants is devoid of any force. The appellants were actually served with the notice, which they did not respond, consequently they were made ex-parte, which was the only course left with learned trial Court; the case proceeded accordingly and then it was disposed of on merits. The law favours diligent not negligent. Obviously, the learned trial Court has passed the impugned order, well within its jurisdiction, same could not be interfered with by this Court only for the reason that it has been passed against the appellants. Consequently, the instant appeal fails and it is dismissed in limini.

Judge

Nasim/P.A