HON’BLE MR. SUDEB MITRA, PRESIDING MEMBER 

Order No: 14

Date : 24.09.2024

    Feeling aggrieved by and dissatisfied with the orders (passed by the Ld. DCDRC, Purba Bardhaman, West Bengal) dated 16.05.2023 pressed in their filed Misc. Applications No. 27 and 28 of 2023 dated 14.03.2023 arising from CC/157/2018 before the Ld. DCDRC, Purba Bardhaman (WB), the applicants of Misc. Applications No. 27 and 28 of 2023 i.e. the Revisionist/Petitioner has preferred this Revision Petition on 19.07.2023 (e-filed on 18.07.2023 as the record reveals).

    By filing the Misc. Application No. 27 of 2023 arising in CC/157/2018 the Revisionist/Applicant of the Misc. Application dated 14.03.2023 had prayed before the Ld. DCDRC, Purba Bardhaman in connection with CC/157/2018, for extension of statutory period of time for it’s filing written version in CC/157/2018 and for vacating it’s order of ex-parte hearing of CC/157/2018 against the Applicant.

   By filing the Misc. Application No. 28 of 2023, arising from CC/157/2018, the Revisionist/Applicant of the said Misc. Application dated 14.03.2023 had prayed before the Ld. Concerned DCDRC for acceptance of its filed written version in CC/157/2018 so filed even beyond the statutorily stipulated period, as per scopes of C.P. Act of 1986, settled for that purpose.

   Both those Misc. Applications, dated 14.03.2023 were not entertained on 16.05.2023 by the Ld. DCDRC, Purba Bardhaman by its finding and holding that the plea of the Misc. Applicant/Revisionist adopted on the ground that the Misc. Applicant could not file written version in CC/157/2018 on time, for misplacement/loss of summons issued upon the Applicant in connection with CC/157/2018, by the Ld. DCDRC concerned, is meritless and lacking support by cogent evidence.

    Against the said orders of the Ld. DCDRC, Purba Bardhaman, passed in MA/27/2023 and MA/28/2023 dated 16.05.2023, arising from CC/157/2018, the Misc. Applicant/Revisionist-Petitioner has preferred the instant Revision Petition, praying for setting aside the orders dated 16.05.2023 passed in MA/27/2023 and MA/28/2023 arising from CC/157/2018 on the ground that the said orders dated 16.05.2023 passed in MA/27/2023 and MA/28/2023 are materially irregular, unsustainable in the eye of law and therefore erroneous.

       The OP/Respondent of the instant Revision Petition, as named above, has filed written objection dated 01.11.2023, supported by affidavit and prayed for dismissal of the instant Revision Petition, contending inter alia that this Revision Petition has no cause of action and the same is baseless and is a result of suppression of material facts.

    The gist of the written objection filed by the OP/Respondent of this Revision Petition reflects that during the course of the proceeding of CC/157/2018, the OP No. 1 and 2 of the said CC/157/2018, namely, Dr. Jhulam Mukherjee and Vivekananda Hospital Pvt. Ltd. Durgapur had prayed for impleading Oriental Insurance Co. Ltd. having its Regd. Office at New Delhi, as the other defendant/OP in CC/157/2018. The said prayer was allowed by the concerned Ld. DCDRC vide Order No. 12 dated 06.09.2019 vide Misc. Applicant No. 49 of 2019 filed on 10.06.2019 and disposed of on 06.09.2019.  Later this particular Oriental Insurance Company Ltd. having its office at New Delhi on entering appearance in CC/157/2018, filed a Misc. Case No. 36/2020 on 19.02.2022, seeking it’s name to be expunged from CC/157/2018 by replacement of it’s Divisional Office at Asansol and Branch Office at Bardhaman to defend the Oriental Insurance Co. Ltd. i.e. OP 4 of CC/157/2018 in that Complaint case. The said MA/36/2020 was entertained and allowed by the Ld. DCDRC, Bardhaman vide it’s order No. 32 dated 15.07.2022 and instead of the said OP 4 of CC/157/2018 Oriental Insurance Co. Ltd. as the OP 4 (a) in the form of Oriental Insurance Co. Ltd having it’s Divisional Office at Asnasol, and as the OP No. 4 (b) in the form of Oriental Insurance Co. Ltd. having its Branch Office at Bardhaman the said two offices of the OP 4 replaced the OP 4 in CC/157/2018 as per order passed in MA/36/2020 by the Ld. DCDRC, Purba Bardhaman on 15.07.2022.

   It further transpires from the written objection of the instant Revision filed by the respondent of this RP/14/2023, Nila Acharjee that, those OPs No. 4 (a) and 4 (b) of CC/157/2018, later filed Misc. Applications No. 26 of 2023 on 14.03.2023 and prayed for expunging their names so impleaded in CC/157/2018 vide order No. 32 dated 15.07.2022 passed in MA/36/2020 and vide order dated 16.05.2023, the Ld. Concerned DCDRC rejected such prayer of the OP No. 4 (a) and 4 (b) of CC/157/2018  and consequently dismissed their filed Misc. Case No. 26/2023 filed from their end on 14.03.2023.   

    This appears later that on the same day i.e. on 14.03.2023, these OPs No. 4 (a) and 4 (b) of CC/157/2018 had filed two Misc. Applications No. 27 and 28 of 2023 dated 14.03.2023 and prayed for vacating the order passed by the Ld. DCDRC, Purba Bardhaman for ex-parte hearing of CC/157/2018, by taking off CC/157/2023 and also prayed for acceptance of written version filed from it’s end, as the OPs No. 4 (a) and 4 (b) of CC/157/2018, beyond the statutorily fixed stipulated time for filing the same in complaint cases. This transpires that those two Misc. Applications were both turned down by the Ld. DCDRC, Purba Bardhaman vide Orders dated 16.05.2023.

       Against those orders dated 16.05.2023 passed in MA/27/2023 and MA/28/2023 by the Ld. DCDRC, Purba Bardhaman, the instant Revision is filed by the OP 4 (a) and 4 (b) of CC/157/2018, on the grounds, so reflected in the previous paragraph of this order.

Point for consideration

    In this backdrop, it is to be ascertained as to whether and if so how far the instant Revision Petition preferred by the OP 4 (a) of CC/157/2018 is legally entrtainable or not.

Decision with reasons

    This has been forthcoming from the available materials on record that on the basis of the order No. 32 dated 15.07.2022, passed by the Ld. Concerned DCDRC, Purba Bardhaman in Misc. Case No. 36/2020 that arose from CC/157/2018, the revisionist/petitioner of this Revision Petition has been impleaded in CC/157/2018 as the OP No. 4(a) as the cause title of CC/157/2018 reflects.

    It is transpiring from the available materials on record that as per order dated 10.11.2022, passed in CC/157/2018, on filing of requisites of the complainant of CC/157/2018, the concerned Ld. DCDRC, was pleased to direct issuance of summons upon the OP 4 (a) of CC/157/2018 besides OP 4 (b) of CC/157/2018 fixing 28.12.2022 for their S/R and appearance in CC/157/2018.

   It is forthcoming from the available materials on record of CC/157/2018, that on 28.12.2022 on perusal of the materials available, the Ld. Concerned DCDRC had appreciated that there was service of summons upon the OPs 4 (a) and 4 (b) in CC/157/2018 and as on that date i.e. on 28.12.2022, the OPs No. 4 (a) and 4 (b) of CC/157/2018 had not turned up before the Commission, the Ld. Concerned DCDRC determined that the proceedings of CC/157/2018 will proceed ex-parte against the OPs 4 (a) and 4 (b) of CC/157/2018 and 14.03.2023 was fixed for filing evidence on affidavit by the complainant in CC/157/2018.

    Having regard to the context of the last paragraphs of this order, this is revealing from the case record, consequently, that on 28.12.2022 so fixed for appearance of the OP 4 (a) and 4 (b) of CC/157/2018, the OP 4 (a) and 4 (b) of CC/157/2018 i.e. Oriental Insurance Co. Ltd., Asansol Division Office and Oriental Insurance Co. Ltd. Branch Office Bardhaman respectively have came into existence in CC/157/2018. As a result, though they appeared in CC/157/2018 on 14.03.2018 and filed written version yet the same was not accepted by the Ld. DCDRC concerned in CC/157/2018 by its refusing their prayer for extension of time stipulation in filing written version and also by referring their prayer for vacating the order of exparte hearing of the CC/157/2018.

    It is needless to reiterate that after the coming into existence of the judgement of New India Assurance Co. Ltd. VS Hilli Multipurpose Cold Storage Pvt. Ltd. pronounced on 04.03.2020, that has prospective effect and also after the coming into existence of Diamond Exports and another (Appellant) VS United India Insurance Co. Ltd. and Others vide Civil Appeal No. 7546 of 2021 dated 14.12.2021, it has been strictly determined that the limitation period U/Sec. 13 (2) of the C.P. Act of 1986 could not be extended beyond the statutory period of 45 days and since the commencing point of limitation as per scopes of Sec. 13 of C.P. Act of 1986 would be from the date of receipt of notice accompanied with complainant by the OP, as the summons in CC/157/2018 reached the OPs 4 (a) and 4 (b) of CC/157/2018 by 28.12.2022 and as they never had agitated ever, as the case record of CC/157/2018 shows that by that point of time (28.12.2022) they had not received the copy of the complaint of CC/157/2018 along with notice of CC/157/2018, so the commencing point of limitation of the time stipulation, as per Sec. 13 of the C.P. Act of 1986, for filing written version in CC/157/2018 by the OPs No. 4 (a) and 4 (b) of CC/157/2018 starts on and from 28.12.2022 and when the OPs 4 (a) and 4 (b) of CC/157/2018 tried to submit written version from their end, in CC/157/2018 on 14.03.2023, the time stipulated to file written version in CC/157/2018 as per scopes of Sec. 13 of C.P. Act of 1986 from their end, has long expired.

   It is pertinent to reflect here that as CC/157/2018 was filed on 27.09.2018 prior to the coming into existence of the C.P. Act of 2019, on 20.07.2020, so the provisions of C.P. Act of 1986 regarding time stipulation to file written version in CC/157/2018 shall be applicable thoroughly.

     In this backdrops, there is no convincing ground to entertain the instant Revision Petition (RP/14/2023) pressed from the end of the OP 4 (a) of CC/157/2018 for the reasons as reflected in the contents of this order.

    Accordingly, it is

                                    ORDERED

    That the instant Revision Petition (RP/14/2023) filed by the OPs 4 (a) an of CC/157/2018 /Revisionist/Petitioner stands rejected on contest but without cost.

   Both the impugned orders dated 16.05.2023, passed in MA/27/2023 and MA/28/2023 arising from CC/157/2018, by the Ld. DCDRC, Purba Bardhaman stands affirmed on contest, deserving no interference, as the same are both sustainable in the eye of law. In the premises, stay of proceeding of CC/157/2018, arising from the order No. 1 of RP/14/2023 (A), passed by this Commission, stands vacated.

    Let the digitalized copy of the LCR of CC/157/2018 be immediately sent back to the concerned Ld. DCDRC, Purba Bardhaman to proceed with the further proceedings of CC/157/2018, according to law after intimating all the parties of CC/157/2018. Contesting parties of this Revision Petition must appear before the Ld. DCDRC, Purba Bardhaman in connection with CC/157/2018 by 27.09.2024 positively.    

    In the premises, let free copies of this order be furnished free of cost to the contesting parties of this Revision Petition forthwith as per scopes of C.P. Act of 1986 and its relevant rules and regulations of C.P. Act.