Today is fixed for MA hearing being No. 49/2022.
By filing the aforesaid application the complainant has sought for appointment of a Pleader Commissioner. The pleader commissioner has appointed for inspection of the property in suit.
After hearing the Ld. Advocate and perusing the aforesaid petition we find merit therein for which Miss Naznin Begum is appointed for holding inspection and submitting report. She will get a consolidated fees of Rs. 5,000/- (Rupees five thousand) only from the complainant alongwith a copy of the MA and a copy of complaint from the Ld. Advocate of the complainant. She will hold inspection in compliance with the all casual requisite formalities such as servicing notice upon both the parties and intimating the date for inspection etc.
The Ld. Advocate appearing for the complainant prays for sending the case for mediation in view of talks of settlement which were held in the past. We see that some payment was made by the OP in view of talks for settlement. The record needs to be sent to Mediation Cell for holding mediation. The office is directed to issue notice to the Sk. Nasir and Avishek Shaw asking them to appear before the Mediation Cell on 08.07.2022. The Registrar-in-Charge will arrange the aforesaid Mediation on 08.07.2022.
Another MA application being No. 50/2022 has been filed by the complainant seeking production of the development agreement.
The Ld. Advocate of the complainant is present. None appears on behalf of the OP.
After hearing the Ld. Advocate of the complainant and perusing the petition we find reasons to direct the OPs to produce a copy of development agreement on the specified date.
Both the MA application is thus disposed of.
It needs to be clarified that in case of failure on the part of the mediation cell to get the dispute amicably resolved we will enter into the merit of the case and next date will be fixed for filing reply by the complainant to the questionnaire of the OPs.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT