Order No. 5 , Dt. 19.5.2023

Today Is Fixed For Passing Order Of This M.A Case Which Has Been Filed By The Ops Of C.C.Case No.161/21 On The Ground That This Case Is Not Maintainable And So The Names Of The Ops Are To Be Expunged.

The Argument Highlighted By Ld. Advocates Of Applicant Side And The Op Side Has Been Heard In Full.  Considered Submission.

Perused The MA Application Which  Is Filed Under Section 38(8) Of Consumer Protection Act 2019 And The Written Objection Filed Against It.

On Close Examination Of The Materials Of The Case Record It Is Found That The Points Of Contention Which Has Been Highlighted Over The Issues That This Case Is Not Maintainable Are Exclusively Related With The Trial And So Without Recording Evidence Of Both Sides This Matter Cannot Be Determined.  More So The Original Case Is On The Verge Of Disposal As The Evidence Of Op Has Already Been Fixed.  In View Of This Position, It Would Be Just And Proper To Hear The Maintainability Point Alongwith The Trial.

In The Light Of The Observation Made Above This MA Case No.4/2023 Is Disposed Of.

Let The Case Record Of MA Case No.4/2023 Be Tagged With The Original Case Record Of C.C.-161/21.

 No Order Is Passed As To Cost.