Order No. 06

Ld. Advocate of the complainant and the Ld. Advocate of the OP 1 are present.

Today is fixed for hearing of the MA/198/2022.

The Ld. Advocate appearing for the complainant moves the MA application being No. 198/2022. He wants to bring the financer into this record on the ground that the complainant took loan from the financer against the property incorporated in the agreement for sale. But in this case the complainant has prayed for direction upon OP 1 and OP 2 for returning the paid amount and also for interest, compensation and litigation cost and without concurrence of the financer the reliefs sought for can be granted in this case. We do not think that the financer is a necessary party and his presence would be necessary for proper ad-judication of this case and therefore the prayer for addition of the financer as a party is refused.

The Ld. Advocate appearing for the complainant files an application for effecting service of notice upon OP 2 to OP 5 by substituted means on the ground that service of summon upon them could not be effected in the ordinary way. The material on record lend support to such submission of the Ld. Advocate and we are satisfied with the application of the complainant for effecting service of notice by way of paper publication.

The Ld. Advocate of the complainant is directed to cause service of summon by making necessary publication either in Ananda Bazar Patrika or in Bartaman Newspaper and will file copy of newspaper by 14.12.2022.

The MA being No. 198/2022 is thus disposed of.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

 [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT