Order No.2                          Dated:02.01.2023

Ld. Advocate for the petitioners/opposite parties is present.

Ld. Advocate for the complainants/respondents is also present.

The Misc. Application dated 29.12.2022 is taken up for hearing.

Perused. Considered. Heard both sides.

Ld. Advocate for the petitioners/opposite parties submits that the commission had been pleased to pass an order of ad interim injunction against the opposite parties/petitioners herein vide order dated 15.07.2021 upon the entire property and subsequently on 07.09.2022 the said ad interim order of injunction was given effect till disposal of the case. The petitioners/opposite parties are facing extreme hardship as the order of injunction has been passed in respect of the entire property in question.

In reply, the Ld. Advocate for the complainants/respondents submits that the petitioners/opposite parties have already preferred RP/55/2022 before the Hon’ble SCDRC, West Bengal for setting aside order no. 2 dated 15.07.2021 and the next date is fixed on 05.04.2023.

Be it mentioned here that this commission has no power to modify its own order. That apart, there is no error apparent in the face of the record in passing order no. 2 dated 15.07.2021 for which section 40 of the Act, can be attracted. That apart, the petitioners/opposite parties have already preferred RP/55/2022 for setting aside order no. 2 dated 15.07.2021 before the Hon’ble SCDRC, West Bengal.

In view of the above, the Misc. Application is not maintainable in law and liable to rejected.

Hence, it is

O R D E R E D

that the Misc. Application be and the same is dismissed on contest subject to payment of cost of Rs.10,000/-.