West Bengal

Birbhum

MA/16/2022

Banka Hazra - Complainant(s)

Versus

Manager, Rudra Enterprise - Opp.Party(s)

29 Jun 2022

ORDER

The case is  put up today on the prayer of the Ld. Advocate for the complainant/petitioner with a prayer to allow the ad interim order of the injunction in favour of the complainant/petitioner.

The complainant files the application U/S 35 of the C.P. Act 2019 along with a petition U/S 38 of the C.P. Act 2019.

Perused the petition U/S 38 of C.P Act 2019. From the content of petition it appears that the complainant purchased a tractor from the OP No 1 through the financial assistance of the OP No. 2. He is to pay the EMI through the OP No. 2 regularly but he could be able to pay the last two EMI due to his poor demand in agricultural work but he is ready to pay the current EMI to the OP No. 2.

It is alleged that the OP No. 2 refused to accept the same and then tried to reposes the tractor registered being No. WB54Z 9523 illegally.

The complainant/petitioner is apprehending that the OP No. 2 will reposes the tractor forcibly through his muscleman at any point of time hence this application is filed by the complainant/petitioner with a prayer to restrain the OP No. 2 from taking back the possession of the tractor forcibly from the complainant/petitioner.

Along with other relief or reliefs.

Considering the facts and circumstances of the case as well as the balance of convenience and inconvenience, irreparable loss and injury it appears that there is strong prima facie case in favour of the

Complainant/petitioner. So, the OP No. 2 is here by restrained from taking back the possession of the tractor in question forcibly from the complainant/petitioner till hearing of the petition U/S 38 of the C.P Act.

Requisites at once.

To date (28/07/2022) for S/R appearance, W/O and W/V files by the OP if any.