Hon’ble Mr. Kamal De, Presiding Member
Order No. : 36
Date : 18.05.2022
Complainant is present through Ld. Lawyer.
OPs 3 and 4 are also present through Ld. Lawyer.
OP 1 takes no step.
None appears on behalf of the OP 1.
Ld. Lawyer for the complainant files a petition for withdrawal of the case with liberty to file fresh case before appropriate Commission for some technical fault.
Perused the petition, it appears that this Commission has no territorial jurisdiction to hear the case.
We accordingly allowed the prayer of the complainant.
Hence,
ORDERED
That the instant petition for withdrawal of the complaint case being No. CC/15/2019 is allowed with liberty to file a fresh case on the same cause of action before appropriate Commission.
The complainant gets a liberty to approach a competent Court/Commission in accordance with law and in the process, he may seek assistance of the decision of the Hon’ble Supreme Court reported in (1995) 3 SCC 583 (Laxmi Engineering Works VS. P.S.G. Industrial Institute) to over come the hurdle of limitation.
The instant Complaint case being No. CC/15/2019 is thus disposed of accordingly.