Order No:  2                                                                            Date:15/05/2024

Today is fixed for hearing of this M.A. case which has been filed by the applicant side for allowing the prayer of Local Inspection. O.p. is contesting this case by filing W/O.

Heard both sides. Considered submission.

Perused the Local Inspection Commission and its W/O which is filed against it.

After going through the materials of the case record it appears that the coloring of the suit property by the paint of the Barger Paint Company (O.p.) has been done in the year 2020 and the complainant has filed this complaint case on 03/07/2023. It is crystal clear that more than 3 years has already been passed after coloring of the said building. Moreso the complainant has not filed such prayer after institution of this case. Under this position, it is not possible to collect any materials by the Local Inspection Commissioner at this stage.

Moreso, in this case evidence on affidavit has already been filed by the complainant and the complainant is intending to fish out/collect evidence in support of this case. But this practice cannot be encouraged.

Considering all these aspects the prayer for Local Inspection Commission of the complainant side is rejected.

In the light of the observation, this M.A. case is disposed off on contest.

Dictated & corrected by me.

Member