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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL     APPEAL     NO.     3396      OF      2007   

 M/S. RESURGERE M & M INDIA LTD.                 Appellant(s)

                  VERSUS

 M/S. SUN PHARMACEUTICAL INDUSTIRES              Respondent(s)

O     R     D     E     R   

1. Heard the learned counsel for the parties.  

2. This appeal is directed against the judgment  

and order dated 23rd May, 2007 passed by the National  

Consumer Disputes Redressal Commission, New Delhi,  

(“National Commission”, for short) in Original  

Petition No.196 of 1995.

3. We have perused the impugned judgment passed  

by the National Commission. From the impugned  

judgment it is revealed that the appellant herein  

did not appear before the National Commission.  

Learned counsel for the appellant submits that  

because of the change in the management of the

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appellant Company, proper instructions could not be  

given to the counsel appearing for the appellant  

before the National Commission.   

4. On a consideration of the totality of facts  

and circumstances of this case, we deem it  

appropriate that in consonance with the principles  

of natural justice, the appellant deserves an  

opportunity of hearing subject to the appellant's  

adequately compensating the respondent for the time  

being. Consequently, we set aside the impugned  

judgment passed by the National Commission and remit  

the matter to the National Commission for deciding  

afresh the case of the appellant on merit after  

hearing counsel for both the parties. However, this  

opportunity would be granted to the appellant  

subject to payment of Rs.5 lakhs to be paid to the  

respondent  (complainant before the National  

Commission) within four weeks from today.  

5. Since a few years have been lost in this  

matter because of the appellant filing an appeal  

before this Court, we request the National  

Commission to decide this case as expeditiously as

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possible.   

6. The payment made by the appellant to the  

respondent in pursuance to the directions of the  

National Commission will be subject to the final  

orders to  be passed by the National Commission.  

7. This appeal is disposed of accordingly.   

.....................J (DALVEER BHANDARI)

.....................J (DIPAK MISRA)

New Delhi; February 28, 2012.