Order No: 05                                                                                            Date:22 /03/2024

This case record is taken up for consideration in the matter of passing order in respect of the petition filed by OPs on the ground that this CC Case No.  202/2023 (who are the applicants of this MA Case)  is not maintainable in the eye of law.  This prayer of the OPs who is the applicant of this MA Case has been contested by complainant side (who is the OPs of this MA Case).

The argument highlighted by Ld. Advocates of applicant side and OP side has been heard in full.  Considered submission.

It is the main point of contention  and argument of the applicant of this MA Case that the CC Case No. 202/2023  is not maintainable in the eye of law as because the bank authority  filed an arbitration proceedings  against the OPs of this MA Case who is the complainant of the above noted CC Case  and Ld. Arbitrator  has passed an order and the complainant of the above noted CC Case who is the OP of the MA Case has not complied the said award as a result of which the OP Bank Authority of the above noted CC Case  has already attached  the Salary Account  of the Complainant of CC Case No. 202/2023 and so this case is not maintainable.

On the other hand it is the submission of the OP of this MA Case who is the complainant of the above noted CC Case  in bird’s eye view  is that the petition filed by applicant side on the ground of maintainability is not at all maintainable  as it is against the liberty of natural justice .  According to the submission of complainant of the above noted CC Case  the complainant has not given any liberty for contesting the arbitration proceedings and no notice has been served upon the complainant prior to the passing of arbitration award and thus the liberty of natural justice  has been violated.  It is also pointed out that the complainant is the consumer under the OPs as per Section 2(7) of the Consumer Protection Act, 2019 and there is a proper cause of action for filing this case. 

For all these reasons it is also the point of contention  of the OP of this MA Case(Complainant of above noted CC Case) that the maintainability  petition  is to be heard alongwith trial of CC Case No. 202/2023.

This District Commission for the purpose of arriving at just and proper decision in respect of the point raised by applicant of this MA Case that the CC Case No. 202/2023  is not maintainable in the eye of law.   This District Commission finds  that there is no dispute over the issue that the OP Bank Authority  preferred  arbitration proceedings before the Ld. Arbitrator and Ld. Arbitrator  has passed the award.  Now the OP of this MA case has raised the question that no notice has served upon the complainant in respect of the said arbitration proceedings.   In this regard it is very important to note that the complainant side  gain knowledge about the filing of the arbitration proceedings  on 30.01.2024.  According to Section 37 of the Arbitration Act  this arbitration  award  which has been  passed by Ld. Arbitrator  is appealable   order.  The complainant of CC Case No. 202/2023  had the liberty of preferring appeal before the Appellate Authority u/s 37 of the Arbitration & Conciliation Act, 1996 but it is very surprising that the complainant of the above noted CC Case No. 202/2023 who is the OPs of this MA Case has neither preferred any appeal nor obtained any Stay Order from the Appellate Authority. 

Thus , the above noted  point of contention  of the complainant of CC Case No. 202/2023 that no notice has received cannot be accepted.  It is   revealed that the complainant had the knowledge of pendency of the arbitration award particularly when her Salary A/C  has been attached  by the OP Bank Authority.  But the complainant  of CC Case No. 202/2023 has intentionally  and voluntarily  suppress  the said matter before this District Commission.  It is the clear violation of the law of equity.  It is also clear that the complainant has not come before this District Commission in the matter of filing the CC Case No. 202/2023 and in the matter of getting an order of injunction in clean hand.  So the  CC Case No. 202/2023 is not at all maintainable to get any equitable reliefs.  Moreover, the complaint case is also not maintainable in view of the decision  (1993) 2 CPJ 168 (NC) and also in view of the judgment passed in 2016 (4) CPJ Page 35 of  Hon’ble National Commission.

Thus, it is crystal clear that the CC Case No. 202/2023 is found  not maintainable in the eye of law and so it is required to be dismissed.

In the light of the observation made  above, it is accordingly,

ORDERED

That this MA Case No. 11/2024 be and the same is allowed on contest.  It is held that CC Case No. 202/2023 is found not maintainable in the eye of law and so it is dismissed on contest.

Let the case record of MA Case No. 11/2024 be tagged with the case record of CC Case No. 202/2023  

Dictated & corrected by me

President