MA/87/2024 in CC/91/2023.

Order date: 10 .09.2024.

Today is fixed for hearing of the M.A. case and objection, if any.

             Ld. Advocate for the complainant is present.

            Ld. Advocate for the OP No.3 files questionnaire. Copy served.

M.A. case is taken up for hearing and order.

 No W/O has been filed by the OPNo.3.

On 29.08.2024 the complainants have filed this M.A. case for restraining the Proforma OP No.4 from re-possessing the vehicle /machine in question till the disposal of the instant case otherwise the complainants will suffer irreparable loss and injury and will be seriously prejudiced.  

The complainants have filed the instant case stating that the OP Nos. 1,2 & 3  supplied them  a  harvester  machine with manufacturing defects  and the instant case is now pending at evidence stage. The complainants have purchased the machine in question by taking financial assistance from the Proforma OP No.4 Bank herein. But during the proceedings of this case, the Proforma OP No.4 , knowing fully  well about  the facts , is continuously harassing the complainants be sending several notices by demanding the amount financed by them with interest  instead of making their appearance before this Ld. Commission to contest the case. The Proforma OP No.4 has sent one notice dt. 06.08.2024 by demanding a sum of  Rs.10,20,183.28 /- and in the  said notice, they have threatened the complainants by stating that they will seize the machine /vehicle in question. The complainants also submit that as the present case is related to manufacturing defects of the machine/vehicle, in question,  and there is requirement of expert examination of the machine to determine the actual defects of the machine for proper adjudication of the case. Therefore, if the Proforma OP No.4 Bank  will re-possess the machine , in that case,  the whole purpose of the present case will be hampered as well as frustrated and  pray for passing an appropriate and necessary order by restraining the Proforma OP No.4-Bank  from re-possessing the vehicle/machine in question  till the disposal of the instant case .

Heard the Ld. Advocate for the complainant.  

Perused the complainant and the application filed by the complainants u/s 38(8) of the C.P. Act, 2019 . There are so many grounds for passing  Interim Order as has been mentioned in the petition but it is very important to note that the Proforma OP No.4-Bank has already issued a  notice dt. 06.08.2024 stating that they will seize the machine /vehicle in question. The case is pending before this Ld. Commission regarding the dispute of manufacturing defects of the machine in question.  So, there is a prima facie case for allowing  Interim application for passing interim order specially when  the OP issued the notice dt. 06.08.2024 for seizing the vehicle/machine is question.

Accordingly, it is  

                                                 ORDERED

that  the OPNo.4 –Bank  is directed by an Interim Order to restrain from seizing the vehicle/machine in question till the next date .

M.A. case being No. 87/2024 is thus disposed of.

Let a copy of this order be given to the parties on free of cost.

The complainant is directed to comply with the order by sending it to the Proforma OP No.4 Bank .

To  29.10.2024  for submission of compliance report by the complainants and filing reply by the complainant to the questionnaire of OP No.3.

Member                                                  Presiding-Member               

D.C.D.R.C., Purba Bardhaman                    D.C.D.R.C., Purba Bardhaman