This case record is taken up for consideration in the matter of passing order in respect of the M.A. case which is  filed by applicant who is the complainant of C.C. case no. 37 of 2024 and prayed for passing an order of injunction restraining the op and his men and agents from disturbing the complainant/ applicant over telephone till the disposal of the complaint case.

This matter  has been contested by ops of this M.A. case who are also ops of the above noted C.C. case but no W/O has been filed.

The argument highlighted by ld. Advocates of both sides has been heard in full. The complainant/ applicant side has filed fresh v.nama through Sumit Das, Advocate and others and also filed supplementary affidavit in support of the prayed which has been described in the M.A. application.

After going through the materials of this case record it is revealed that the complainant/ applicant has been able to prove prima facie case in his favour and also establish that the balance of convenience and inconvenience in the matter of passing an order  of injunction is in favour of the complainant/ applicant and also establish the fact that there is urgency in the matter of passing said order of injunction. It is also revealed that if the order of injunction as per the prayer of the complainant/ applicant is not passed at the stage, the main purpose of passing such order would be defeated by delay and the complainant/ applicant shall suffer irreparable loss and injury.

Considering all the above noted factors  this District Commission finds that the prayer of the complainant/ applicant for passing an order of injunction restraining the ops and their men and agents from disturbing the complainant either over telephone or contact through person regarding the fake and fraudulent transaction can be passed. So, the ops and their men and agents are hereby restrained in the matter of disturbing the complainant/ applicant either over telephone or by contacting in person in respect of the fake and fraudulent transaction which is the subject matter of this case till next date (25.10.2024).

Complainant/ applicant is directed to comply the provisions of Order 39 Rule 3 CPC and to submit affidavit of service along with postal receipts within stipulated period of time.

In the light of the observation made above this M.A. case is disposed of.

Let the case record of M.A. 17 of 2024 be tagged with the case record of C.C. 37 of 2024.