Order no.4  , dt. 2.2.2024

This case record is taken up for consideration in the matter of passing order in respect of the MA application which is filed by OP-1,2&3 of CC-165/23 where the applicants of this MA case who are the Ops of above noted CC case have prayed for dismissing the CC-165/2023 on the ground that this case is not maintainable in the eye of law.  This matter has been contested by the OP.

Heard argument of both sides considered submission.

Perused the MA application.  It is the point of contention and argument of the Ld. advocate of the applicant side that this case is not maintainable in view of the judgment passed by Hon’ble Apex Court in the case of U.P.Power Corporation Ltd. & Ors – Vs – Anis Ahmed reported at Vol.III (2013) CPJ 1 SC.

On the other hand ld. advocate for the OP of this MA case who is the complainant of the above noted CC case pointed out that this case is ready for trial and so on the basis of maintainability the complaint case cannot be disposed of.

After going through the material of this case record and also of the case record of CC-165/23 this District Commission finds that in CC-165/23 the OP-1,2&3 already have filed written version and have been contesting this case.  The CC-165/2023 is ready for starting trial and so the issue of the maintainability of this case which has been raised by OP-1,2&3 who are the applicants of this MA case can be heard alongwith the trial of the CC-165/23 and the decision which is referred above can also be taken into consideration after conclusion of the trial of CC-165/23.

So the point of maintainability is to be heard alongwith the trial of this case.  In the light of the observation made above this MA case is disposed of.

Let the case record of MA case no.81/23 be tagged with the case record of CC-165/23.