Order No.06

Today is fixed for hearing of the miscellaneous application being no. 82/2022. The Ld. Advocates of the complainant and the Ld. Advocates of the applicants are present.

Heard the both sides and perused the petition along with other material on record. Practically by filing the aforesaid application Soma Moitra and Aaheli Moitra – the legal heirs of original OP no. 2 Mrinmoy Moitra have challenged the order passed by Barasat Commission in this case on 22.06.2018. It was recorded on 22.06.2018 that OP no. 2 namely Mrinmoy Moitra had died leaving  behind Soma Moitra and Aaheli Moitra and accordingly Soma Moitra and Aaheli Moitra were needed to be impleaded under the aforesaid order. The name of OP no. 2 Mrinmoy Moitra was expunge and Aaheli Moitra and Soma Moitra were added. Amended complaint was also filed incorporating Soma Moitra and Aaheli Moitra as OP no. 2 and OP no.3 was also filed. The substituting legal heirs entered appearance surely thereafter receiving notice from the Commission and sought for time to file W/V. after a gap of long period Soma Moitra and Aaheli Moitra have now filed the aforesaid application stating that Mrinmoy Moitra has been missing since long and therefore, the order relating to expunction of his name from the cause title of the complaint suffer from infirmity. According to them since Mrinmoy Moitra has not passed away and the legal heirs of Mrinmoy Moitra cannot be made party to this case.

The present application is wholly inconsistent with the stance taken by the application in the past and also with the order issued by this commission on 22.06.2022. This Commission is not empowered to alter its own order. It was decided on 22.06.2018 that Mrinmoy Moitra was then a dead person and his legal heirs were liable to be impleaded. The claim of the application may have sustained embellishment for obvious reason in the meanwhile and therefore it is not at all tenable at this stage. The prayer of Soma Moitra and Aaheli Moitra calls for no action and stands rejected.

Thus, MA being no. 82/2022 is disposed of.

17.08.2022 is fixed for filing W/V by OP no. 2 and 3.