The Ld. Advocate appearing for the Dhr. moves the MA being no. 60/2022.

It is submitted by the Ld. Advocate appearing for the Dhr. that although the name of the proprietor of M/s Deb Construction (Developer) was mentioned in the Complaint very clearly the Judgment, which was passed finally does not bear any mention about the name of the proprietor. Such thing happened due to inadvertence.

On being asked, the office places the record of CC 30/2019 which was finally disposed of on 05.04.2021. The Judgment passed in CC 30/2019 has been put into execution through this case. The materials on record CC 30/2019 appears to be lending support to the aforesaid submission of the Ld. Advocate in regard to inconsistency relating to the name and description of the OPs. It is in the complaint that Mr. Deb Kumar Ghosh is the proprietor of the Deb Construction and the Judgment ought to have been passed against Mr. Deb Kumar Ghosh, proprietor of Deb Construction but inadvertently it was passed as against Deb Construction only.

As such, the Office is directed to carryout necessary correction in the Cause Title of the  Judgment passed on 05.04.2021 showing up M/s ‘Deb Construction’ (being represented by Mr. Deb Kumar Ghosh) as OP 1 to  and to supply a copy of the said corrected Judgment to both parties of this case within 15 days hence.

The Judgment written on 05.04.2021 will be replaced by the new Judgment or corrected Judgment.

A copy of this order may part of the record of CC 30/2019.

The Dhr. will issue notices to the Jdr after completion of 15 days asking him to appear to pay the decretal amount by 03.06.2022.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT