West Bengal

Hooghly

MA/89/2023

XOTIK FRUJUS PVT. LTD. AND OTHERS - Complainant(s)

Versus

M/S. PASHUPATI - Opp.Party(s)

SAYREE GANGULY

14 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/89/2023
( Date of Filing : 07 Nov 2023 )
In
Complaint Case No. CC/63/2023
 
1. XOTIK FRUJUS PVT. LTD. AND OTHERS
701 C WING LOTUS COPRPORATE PARK OF WESTERN EXP HIGH WAY , GOREGAON, 400062
MUMBAI
MAHARASTRA
...........Appellant(s)
Versus
1. M/S. PASHUPATI
26, UPPER BPMB SARANI, PO- BHADRAKALI, PS- UTTARPARA, PIN-712232
HOOGHLY
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Babita Choudhuri MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 14 Mar 2024
Final Order / Judgement

This case record is taken up for consideration in the matter of passing order of this M.A. case which has been filed by the ops for setting aside the ex parte order dt. 18.7.2023 passed in C.C. case no. 63 of 2023 wherefrom this M.A. case has been cropped up.

This matter has been contested by complainant who is the op of this M.A. case.

Heard the argument highlighted by ld. Advocates of both sides. Considered submission.

Perused the M.A. application which has been filed by the ops of this case.

On close examination of the said M.A. case it is revealed that the cause title of the M.A. application is outrightly defective. So,  it is crystal clear that this M.A. case is not maintainable. Moreover, the order of ex parte hearing of the C.C. case no. 63 of 2023 has been passed on 18.7.2023 but this M.A. case has been filed on 7.11.2023 which is more than 1 month after passing of the impugned order.  Thus, it is crystal clear that the M.A. application is barred by limitation.

All the above noted factors are clearly reflecting that the M.A. case no. 89 of 2023 is not maintainable in the eye of law and so it is dismissed on contest.

No order is passed as to costs.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Babita Choudhuri]
MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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