Order No. 3
Ld. Advocate for the complainant is present.
Ld. Advocate for the opposite party nos.1 and 2/petitioners is present.
Ld. Advocate for the opposite party nos.4 and 5 is also present and files affidavit-in-opposition.
Heard both side.
Ld. Advocate for the complainant submits that in order to adopt dilatory tactics, opposite parties have preferred Misc. Application on frivolous ground.
The grounds mentioned in the Misc. Application has already been mentioned in the written version filed in CC/200/2021 by the opposite party nos.1 and 2.
On scrutiny of the Misc. Application filed by the opposite party nos.1 and 2/petitioners, it appears that a photo copy of letter date 16/07/1998 purportedly to be sent by an Advocate Mr. P.N. Dubey on behalf of his alleged client Smt. Santa Banerjee states that the Power of Attorney dated 30/01/1997 executed and registered at Jamshedpur in connection with the Premises No.38/5, Bagbazar Street, Kolkata -700 003 has been cancelled, revoked, withdrawn and rescinded on 16/07/1998.
Smt Santa Banerjee is opposite party no.4 in CC/200/2021.
Ld. Advocate for the opposite party nos.4 and 5 by filing an affidavit-in-opposition categorically stated that neither the opposite party no.4 or opposite party no.5 have ever engaged any Advocate namely Mr. P.N. Dubey on their behalf nor they cancelled, revoked, withdrawn and rescinded the registered power of attorney dated 30/01/1997 executed and registered at Jamshedpur in favour of opposite party nos.1 and 2.
It further appears from the record that the Advocate’s letter annexed by opposite party nos.1 and 2 is a typed letter dated 16/07/1998 but no postal cover has been submitted by opposite party nos.1 and 2/petitioners.
It is apparent on the face of the record that opposite party nos.1 and 2 have adopted dilatory tactics causing hindrance in speedy disposal of the case.
In the above circumstances, the Misc. Application is liable to be dismissed.
Hence, it is
O R D E R E D
that the Misc. Application dated 28/07/2023 filed by the opposite party nos.1 and 2/petitioners is hereby dismissed subject to payment of cost of Rs.5,000/- (Rupees five thousand) only to the complainant.
