West Bengal

Howrah

MA/40/2024

Union Bank - Complainant(s)

Versus

M/S. SHIVO DURGA MINERAL INDUSTRIES, represented by its Proprietor MR. SANJIB SEN - Opp.Party(s)

S. S. Sen

19 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/40/2024
( Date of Filing : 06 Jun 2024 )
In
Complaint Case No. CC/60/2024
 
1. Union Bank
Shibpur Branch, Howrah, 218, G.T. Road, (South), P.O. & P.S. Howrah-711102
...........Appellant(s)
Versus
1. M/S. SHIVO DURGA MINERAL INDUSTRIES, represented by its Proprietor MR. SANJIB SEN
Registered office at P-239, Benaras Road, Howrah-711108 S/o. Late Subhas Sen Residing at- 15/15, Laxmi Narayan Chakraborty Lane, P.S. Bantra, Howrah
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 19 Sep 2024
Final Order / Judgement

Order No:  3                                                                                         Date:19/09/2024

Today is fixed for passing order in this M.A. case which has been filed by O.p. of C.C. case No.60/2024 on the ground that the above noted complaint case is not maintainable on the ground that the said complaint case is barred by limitation and commercial purpose is involved in this case. The complainant of the above noted complaint case who is the O.p. of this M.A. case verbally raised objection.

After going through the materials of the case record of C.C. case No.60/2024 it appears that the trial of the complaint case has already been started and complainant side has already filed evidence on affidavit. In view of such position, it would be just and proper to hear the maintainability issue alongwith the trial of the above noted complaint case.

In the light of the observation made above this M.A. case is disposed of. No order is passed as to cost. Let the case record of M.A. case be tagged with the case record of C.C. case No.60/2024.

Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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