M.A. 51/2023

Arising out in C.C. 183/2022

P R E S E N T                :- Smt. Monisha Shaw.……………… Member.

                                         :- Sri.  Abhijit Basu…………………. Member.

Order No. 07

Date:- 08.05.2023

Both the parties are present. The Complainant filed written objection against the petition filed by the Opposite Party on 29/11/2022 on the ground of non-maintainability. The petition is taken up for hearing. Perused the petition and written objection filed by the Complainant. Considering all materials and documents on record, it appears from the record that there is mixed question of law and facts regarding prayer for non-maintainability which cannot be decided at this stage without filing evidence of both the parties. It would be decided at the time of final hearing.

Hence, the petition for non-maintainability filed by the O.P. is considered and rejected.

Thus, the M.A. being No. 51/2023 is disposed of.

Fixing by 05/06/2023 for filing questionnaires by O.P. 

 Dictated & Corrected by me                      

 Member

 Member                                                                                              Member