| Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town ) | | Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor | | Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161 |
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| Miscellaneous Application No. MA/56/2021 | | ( Date of Filing : 08 Oct 2021 ) | | In | | Complaint Case No. CC/321/2021 |
| | | | 1. Sri Tathagata Mukherjee S/o Debdutta Mukherjee | | Residing at H6B Pravati Bihar, 52/6, VIP Road, P.O- Deshbandhunagar, P.S- Baguiati, Kolkata-700059, Dist- North 24 Parganas, West Bengal. |
| ...........Appellant(s) | |
| Versus | | 1. M/s. Maa Tara Construction (Developer) | | Registered office at 8/3/18, Jessore Road, P.O and P.S- Dum Dum, kolkata-700028, Dist- North 24 Parganas, West Bengal. | | 2. Raja Dutta (Now Deceased) | | kl | | 3. Smt. Rupa Dutta W/o Late Raja Dutta Represented by its Partners of M/s Maa Tara Construction (Legal Heirs of Raja Dutta) | | Residing at 8/3/18, Jessore Road, P.O and P.S- Dum Dum, kolkata-700028, Dist- North 24 Parganas, West Bengal.. | | 4. Raunk Alias Riju Dutta (Minor) S/o Late Raja Dutta Represented by its Partners of M/s Maa Tara Construction ( Legal Heirs of Raja Dutta) | | Represented by its natural Guardian (Mother) Rupa Dutta. Residing at 8/3/18, Jessore Road, P.O and P.S- Dum Dum, kolkata-700028, Dist- North 24 Parganas, West Bengal.. | | 5. Sri Abhishek Mukherjee S/o Sri Manoj Mukherjee | | Residing at 19/18, KB Sarani, P.O-Mall Road, P.S- Dum Dum, kolkata-700080, Dist- North 24 Parganas, West Bengal. | | 6. Smt. Shila Dey (Landowner) W/o Late Radheshyam Dey | | Residing at 19/63, KB Sarani, P.O-Mall Road, P.S- Dum Dum, kolkata-700080, Dist- North 24 Parganas, West Bengal. | | 7. S. S Construction Represented by Proprietor Sujit Roy S/o Nirmal Roy | | Deshbandhunagar, AE19, Arjunpur, Rajarhat Gopalpur, P.O- Deshbandhunagar, P.S- Baguiati, Kolkata-700059, Dist- North 24 Parganas, West Bengal. |
| ...........Respondent(s) |
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| Final Order / Judgement | Order No. 09 Ld. Advocate of the complainant is present. So also the Ld. Advocate of OP 2 only. W/V along with Vakalatnama is filed on behalf of OP 2 and OP 3(minor). From the track report available on record, it is apparent that service of notice upon OP 4, OP 5 and OP 6 could duly be effected. But none of them has entered appearance or filed W/V. Therefore the case as against OP 4, OP 5 and OP 6 will run ex-parte. After hearing the Ld. Advocate on both sides and perusing the application for interim order, we see that the contesting Ops will not be prejudiced if an injunction order is imposed upon the property in suit. Therefore, the Ops are directed not to dispose off or otherwise or alienate the property in suit till the disposal of this case. The MA being No. 56/2021 is thus disposed off. 16.01.2023 is fixed for filing evidence by the complainant on affidavit. 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 | |
