This case record is taken up for consideration in the matter of passing order of this MA case which is filed by the OP of CC-174/23 UCO Bank authority on the ground that the above noted complaint case is not maintainable.

The OP who is the complainant of the above noted complaint case is deciding this MA case by filing written objection.

 Heard both sides.  Considered submission.

It is the main point of contention and argument of the applicant side of this MA case that the complainant of the above noted complaint case is not a consumer as the loan taken by the complainant from OP bank authority is for commercial purpose.

On the other hand, it is the sum and substance of the point of contention of OP side of this MA case that this MA case is not maintainable and it has been filed by the applicant side to cause of delay of the trial of above noted complaint case.

From the case record of CC case no.174/23 it appears that the complainant has already filed evidence on affidavit and also served copy of this same to the OP bank authority of above noted CC case and the said complaint case is now running at the stage of filing interrogatories by the Op of the above noted complaint case against the evidence of the complainant.  This matter is clearly reflecting that trial of the above noted complaint case has already been started and it is on the verge of completion.

In view of such position it would be just and proper to hear the maintainability issue it has been raised by the applicant of this MA case alongwith the trial of the above noted CC case.  In this regard it is important to note that the complainant has adopted the plea that he is running the business for the purpose of earning her livelihood.  This point of contention can only be ascertained after recording evidence of both sides.

A cumulative consideration of the above noted discussion goes to show that the maintainability point which has been raised by applicant side of this MA case can be heard alongwith the trial of the above noted CC. case.

In the light of the observation made above this MA case is disposed of.

No order is passed as to cost.