Date of filing: 06.06.2018 Date of disposal: 07.06.2018
Complainant: Uttam Kumar Dutta, S/o. Gouranga Mohan Dutta, resident of Krishnapur, PO: Rajbati, District: Burdwan, PIN – 713 104.
Opposite Party: State Bank of India, Burdwan Branch, represented by its Branch Manager, having its office at Municipal Market, Burdwan, PO. & PS: Burdwan, District: Burdwan, PIN – 713 101.
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member : Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro chakraborty.
Appeared for the Opposite Party : Ld.Advocate, Soham Som. (expunged)
Order No. 10, Dated: 07.06.2018
This order is arising out of the M.A. being No. 36/2018 filed by the OP-State Bank of India in the C. C. No. 02/2018 praying appropriate order by incorporating the scheduled mentioned persons as OP-2 & OP-3 in the cause title of the complaint petition.
It is stated by the complainant in the said application that during proceeding of the instant case the OP has appeared before this Forum and filed their written version and after going through the case record and written version of the OP it has come to the knowledge of the complainant that State Bank of India, University Branch, Golapbag, Burdwan and R.A.S.M.E.C.C.C.-cum-S.A.H.C., Burdwan should be incorporated as party in this instant case. The said persons have not been incorporated in this case due to typographical mistake or due to inadvertence or otherwise. So for proper adjudication of this instant case it is now necessary to pass appropriate order by incorporating the schedule mentioned persons as OP No. 2 & OP No. 3 in the cause title of the complaint petition, otherwise the complainant will suffer irreparable loss and injuries and prayer is made to pass appropriate order by incorporating the schedule mentioned persons as OP-2 & OP-3 in the cause title of the complaint petition.
After going through the complaint petition and the Misc. Application and hearing the ld. Advocate of the complainant, we are of the opinion that for proper adjudication of this complaint, incorporation of the scheduled two Opposite Parties are very much necessary, otherwise, the complaint would notbe properly adjudicated. So for the interest of justice we are of the opinion that the M.A. should be allowed.
Hence, it is
O r d e r e d
that the Misc. Application being No. 36/2018 be and the same is allowed without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
