Today is fixed for hearing of the M.A. case.

Complainant/applicant has field this M.A. case for getting an order of injunction so that the gold ornament which has been kept secured before the op bank authority cannot be sold.

Op of this M.A. case is contesting this case by filing W/O.

Ld. Advocates of both sides are present.

Heard and considered submission. Perused the injunction petition and W/O.

It is the main point of contention and argument of the complainant that the complainant/applicant is interested to settle this disputes by making payment of Rs. 6 lakhs to the op bank authority otherwise the District Commission shall pass an order of injunction to give protection of the gold ornament of the wife of the complainant.

On the other hand, Ld. Advocate for the op pointed out that at similar cause of action same type of case was filed by the complainant/ applicant but it was dismissed for non prosecution. So, the ld. Advocate for the op is praying before this  District Commission for dismissing this injunction petition and to dispose of the M.A. case.

Now the question is whether the fact of dismissing the earlier case of the complainant for non prosecution would stand as res judicata or not? In this regard, as per provisions of Section 11 of the Civil Procedure Code, the res judicata would apply when all the issues involved in a case are decided on contest. But in this case the earlier case which is filed by the complainant was not disposed of on contest. So, the plea of the ops that this case would stand as res judicata  has no force at all.

In view of this position this District Commission after going through the materials of this case finds that there is  prima facie case, there is urgency for passing an order of injunction, balance of convenience and inconvenience are in favour of the complainant and if an order of injunction is not passed at this stage the main purpose of filing such application would be defeated by delay.

Considering all the above noted factors, the prayer for injunction of the complainant is allowed. The ops, financial institution are hereby restrained from the dispose of the gold ornaments which has been kept as security in the matter of disbursement of the loan amount.

This injunction order was remained in force till the disposal of C.C case no. 236 of 2022.

The complainant is directed to comply the injunction order immediately as per law.

Let the M.A. case be disposed of in the light of this order passed by this District Commission.

Let the case record of M.A. case no. 25 of 2023 be tagged with the C.C. case no. 236 of 2022.