Order No. 18                                                                                      Date: 18.08.2022

Complainant- Sushil Mondal, S/o- Lt. Santosh Mondal, Benfed Lane, lakshmipur, Purba Bardhaman-713101,W.B.

Vs.

O.Ps-      1.  Biplob Das, (Introducer) Baranilpur, Purba Bardhaman-713103, W.B.

2. Sector Manager, Sahara Q Gold Mart Ltd. Burdwan Sector, Purba Bardhaman-713101, W.B.

3. Head Office, Command Office, Sahara Q Gold Mart Ltd., Lucknow-226024, Uttar Pradesh.

                                                            O r d e r

Today is fixed for filing show cause by the petitioner along with vokalatnama.

No show cause filed by the petitioner but one petition has been filed on behalf of the petitioner stating that the complaint was filed by authorized agent and the case is pending at the stage of filing vakalatnama & show cause and prayed for accepting the show cause as the diary was mistake and not filing the vakalatnama. By another petition stated that the Ld. Advocate who was signed in the said petition did not find him last one week for which it is quite impossible to file vakalatnama. Both these petitions are not signed by petitioner-Smt. Susama Mondal with verification. On perusal of the case record, it is found that this C.C.No.27/2020 was filed by the complainant-Sushil Mondal through authorized agent. But on 18.05.2022, the petitioner Smt. Susama Mondal has filed a petition supported by an affidavit along with Xerox copy of death certificate issued by The Life Line Nursing Home & Polyclinic stating that the complainant-Sushil Mondal expired on 06.04.2020 who was the sole complainant and naturally according to law, the case has already been abated under Order 22 C.P.C. as limitation period to file substitution petition has already over. In this stage, the petitioner-Smt. Susama Mondal has filed the substitution petition along with a petition for condonation of delay but the petitioner-Smt. Susama Mondal has neither filed any vakalatnama nor filed any authorized letter in support of his petition. Even the petitioner did not take any step on 04.07.2022 and the petitioner was directed to file show cause as to why the M.A. case being No.31/2022 shall not be dismissed for non-prosecution.

One Ld. Advocate moved those two petitions this day without any vakalatnama or authorized letter of the petitioner. More so, there is no reasonable explanation as to why on 04.07.2022 the petitioner did not take any step. That apart those petitions bear the name of Sushil Mondal by the concerned Advocate but Sushil Mondal has already expired and the case has already been abated. Therefore, these petitions claiming to be the show cause cannot be accepted at all as there is no satisfactory and reasonable explanation in the two said petitions.

Under the above facts and circumstances, we are of opinion that those petitions cannot be accepted and are hereby rejected. Accordingly, the M.A. case being No.31/2022 be and the same is dismissed.

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

Dictated & Corrected by me:                                                 

                                                                                                                                      President

                                                                                                                   DCDRC, Purba Bardhaman

            President

   DCDRC, Purba Bardhaman                                                                                                                                                                                                                     Member                                                            Member

                                                      DCDRC, Purba Bardhaman                       DCDRC,Purba Bardhaman