Order No. 05
The Ld. Advocate of the complainant is present.
Miss Suchitra Sinha Chatterjee, Ld. Advovocate appearing for OP files an application on modification of order passed on 27.05.2022. On 27.05.2022, it appears, it was recorded that the case would run exparte as against OP. But on scrutiny of record it becomes apparent that W/V was filed by the OP on 02.03.2022. Therefore, the prayer of the Ld. Advocate appears to be well founded one. The Ld. Advocate of the complainant also endorses such submission of the Ld. Advocate of the complainant instead of raising objection.
Such being the position, the order passed on 27.05.2022 stands modified. There would be a contesting hearing of this case instead of exparte hearing.
The Ld. Advocate of the complainant files an application for amendment of the complaint ensuring addition of five other Ops. Copy of petition is served upon the Ld. Advocate of the Ops.
The application is registered as MA/115/2022.
The said application is taken up for the hearing with the consent of the Ld. Advocate on both sides. It is submitted by the Ld. Advocate of the complainant that the case should be heard in presence of the Director of the Company (OP 1) in the interest of Justice and therefore the Directors should be brought on record. The amendment as proposed appears to be formal one and the amendment if allowed, would not change the nature and character of the case.
The MA being No. 115/2022 is allowed.
The Ld. Advocate of the complainant is directed to file amended complaint incorporating the names of the Directors of the parties by 13.09.2022.
The MA being No. 115/2022 is thus disposed of.
13.09.2022 is fixed for filing amended complaint.
The Ld. Advocate of the complainant is directed to send copy of amended complaint to the Ld. Advocate of OP 1 namely Suchitra Sinha Chatterjee within 15 days hence by post.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT