Date of filing: 27.7.2017 Date of disposal: 28.7.2017
Complainant: Kashinath Dari, S/o. Late Bhutnath Dari, resident of Vill: Kashipur, PO: Sahebganj, PS: Bhatar, Dist: Purba Barddhaman, Pin – 713 121.
Opposite Party: 1. The Branch Manager, Allahabad Bank, having its Brach Office at Sahebganj Branch, Sahebganj, PO: Sahebganj, PS: Bhatar, Dist: Purba Barddhaman, PIN – 713 121.
2. The A.D.O., Bhatar Block, PS: Bhatar, Dist: Purba Barddhaman, PIN – 713 121.
Present: Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Subrata Ghosh & Debdas Rudra.
Appeared for the Opposite Party No. 2: Ld. Advocate, Kuntal Bakshi.
Order No. 06, Dated: 28.7.2017
This order is arising out of the M.A. Case being No. 123/2017 filed by the complainant in the C. C. No. 89/2017 praying for some amendment in the cause title of the complaint.
It is stated by the complainant that upon receipt of the summon the A.D.A. of Bhatar Block had appeared before this ld. Forum on behalf of the OP-2 and submits that there is no post of A.D.O. in Bhatar Block, Dist: Purba Barddhaman, it will be A.D.A. in place of A.D.O. Therefore, for proper adjudication of this complaint small amendment is required to be made in the petition of complaint. According to the complainant such amendment is formal in nature and it will not change the nature and character of the complaint. The complainant submits that if this petition is not allowed his interest will be seriously prejudiced and prayed for allowing the petition.
The OP-2 has raised no objection against such pleading stating that the contention of the complainant as made out in the M.A. 123/2017 is proper and right. It is submitted by the OP-2 that such amendment is necessary; otherwise, disposal of the complaint will take much time.
Upon considering the facts of the application and hearing argument advanced by the OP-2, we are of the view that the amendment as sought for by the complainant is very simple and it will not change nature and character of this complaint and moreover, for proper adjudication of this complaint such amendment is necessary. The ld. Counsel for the OP-2 has also filed vokalatnama in the name of A.D.A., Bhatar Block, Dist: Purba Barddhaman. Therefore, the payer of the complainant should be allowed.
Hence, it is
O r d e r e d
that the M.A. Case being No. 123/2017 is hereby allowed on contest against the OP-2 without imposing any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated and corrected by me.
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Silpi Majumder) (Pankaj Kumar Sinha)
Member Member
DCDRF, Burdwan DCDRF, Burdwan