Order Date:  03.05.2023

Today is fixed for passing order in respect of M.A. case being No. 80/2022.

Petitioner files hazira. OP-Complainant files hazira.

Revisionist-complainant files hazira along with fresh Vokalatnama. He also files a petition supported by an affidavit  praying for recalling the original application vide case No. CC/159/2020 and merging with Review Petition No. RA/5/2022 on the grounds that the case was fixed  in the stage of ex parte hearing in course of the restricted Covid- 19 period and after relaxation in restriction by the Administrative Authority , the OP appeared before this Commission through his Ld. Advocate to participate in further proceedings but due to some litigation in  procedural system, the OP was not able to participate day to day proceedings of the instant matter earlier.

Heard. Perused the case record.

 So many days after filing the Review Application, the complainant-reviewist felt necessity to be kind enough upon the OP to file such type of petition in this Commission. This petition is groundless and rejected.

Furthermore, the M.A. Case being No. 80/2022 is taken up for passing order.

No step is taken by the OP.

In the application registered as M.A. Case being No. 80/2022  filed on 23.09.2022 that on 11.12.2020 a case being No. CC/159/2020 was filed u/S 35 of the C.P. Act, 2019 . In the course of proceedings of the said matter, due to non-appearance of the applicant, adverse order against the applicant was passed as ex parte hearing. The applicant failed to turn up and/or appoint any Advocate on his behalf to conduct the instant matter due to abnormal transportation as declared by the administration to prevent the pandemic COVID-19 , as well as for his admitting in nursing home suffering from Pandemic Covid 19 and ligament injury.

Thereafter, the complainant came to know the order dt. 20.04.2021 has been passed as ex parte hearing through his Ld. Advocate. Due to suffering from COVID 19 and ligament injury since April ,2021 , for which he failed to turn up to conduct the case before this Commission and as such there is delay about 447 days.

Upon this background, he prayed for condonation of delay.

In M.A. case being No. 80/2022  the cause title discloses that Shambhala Food Products Pvt. Ltd. is the applicant and Sabyasachi Mondal  is the respondent whereas the Review Application filed by the petitioner -Sabyasachi Mondal , who is the complainant of original case CC/159/2020.

Therefore, the question arises as to how the applicant      Shambhala Food Products Pvt. Ltd.  filed the M.A. for condonation of delay in filing the Review Application which has been filed by Sabyasachi Mondal.

Apart from it, there is no paper to show that the applicant was suffering from Covid-19 and  ligament injury since April, 2021.

Furthermore, this petition for condonation of delay cannot be connected with the Review Application, as Sabyasachi Mondal is not at all the applicant of the M.A. case being No. 80/2022. There is no reason what caused prejudice to the petitioner i.e. the complainant of CC/159/2020 when the case is running ex parte in favour of him.

Therefore, long delay of 447 days, it cannot be condoned.

Under the above facts and circumstances of the case, we find no reasons to allow the M.A. Case being No. 80/2022 and the same is rejected without any cost.

M.A. case being No. 80/2022 is thus disposed of .

Let a copy of this order be given to the parties on free of cost.

                   Member                                                             Member                                      President

   D.C.D.R.C., Purba Bardhaman              D.C.D.R.C. Purba Bardhaman          D.C.D.R.C., Purba Bardhaman

Later:

            In view of the order passed in M.A. case being No. 80/2022 , we find no reason to admit or allow the Review Application being No. 5/2022.

            Hence,  Review Application being No. 5/2022 be and the same is disposed of .

            Let a copy of this order be supplied to the parties on free of cost.