Order No.1 contd….

The Misc. Application filed today by opposite party no.5/petitioner is taken up for hearing.

Ld. Advocate for the complainant is present and received copy of Misc. Application.

Heard both side.

On perusal of the Misc. Application filed by the opposite party no.5/petitioner and he material in CC/210/2020 we find the opposite party no.5 has filed written version on 26/10/2021 taking the same plea which he has taken in the instant Misc. Application in paragraph 14 of written version. The opposite party no.5 stated that he has resigned from MKHS Housing LLP on 21/07/2017 and from the date of resign he has no right over the such LLP firm and his name may be expunged. Thereafter, complaint case was proceeded and ultimately today i.e. 24/08/2023 is fixed for argument. This version of the opposite  party no.5/petitioner is to be adjudicated on the basis of the evidence filed by the parties in CC/203/2020 which is in very advance stage.

Today at the time of argument opposite party/petitioner again taking same plea filed of an instant Misc Application, which clearly indicates that opposite party no.5/petitioner has adopted dilatory tactics to make hindrance in speed disposal of CC/210/2020. Evidence has already been submitted by both the parties in CC/210/2020, so, there was no requirement to file instant Misc. Application at this stage.

Therefore, the Misc. Application  filed by the opposite party no.5/petitioner today stands dismissed on contest subject to payment of cost of Rs.5,000/- (Rupees five thousand) only payable to the complainant.