West Bengal

Birbhum

MA/85/2018

Nasir Ahamad, S/o Saiyed Ali - Complainant(s)

Versus

Magma Fincorp Ltd - Opp.Party(s)

03 Aug 2018

ORDER

The complainant and O.P No. 2 and 5 file hazira. the O.P No 1 and 3 pray for time for filing W/V. Prayer is allowed.

            The prayer dated 18.07.2018 filed by the O.P No.5 National Insurance Co. which is part and parcel of their W/V for expunging their name from this case is taken up for hearing and passing order treating the same as M.A No. 85/2018.

            Heard both sides. Objection raised by Ld. Advocate/Agent of the complainant.

            During hearing Ld. Advocate/Agent of the O.Ps drew our attention to the averment made by the complainant in para 8 of the complaint which runs this;

            ‘O.P No. 3, 4 and 5 have been impleaded as O.P for proper adjudication of this case and as such no relief has been claimed for against them’.

            So, it is clear that besides the presence of O.P No.5, O.P No.3 and 4 are also made party to the present case in the same manner.

            However, we find that though O.P No. 3 to 5 are not necessary party but proper party to the case.

            Considering overall matter into consideration, materials on record and documents we find that the prayer be liable to be rejected.

            Hence

                        Ordered,

                                    that the prayer dated 18.07.2018 filed by the O.P No.5 National Insurance Co. which is part and parcel of their W/V for expunging their name from this case i.e M.A case No. 85/2018 is rejected on contest but no cost.

Thus the M.A is disposed of.