West Bengal

Rajarhat

MA/41/2022

Sri Tarun Kumar Paul - Complainant(s)

Versus

Smt. Mallika Paul - Opp.Party(s)

Mr Prasanta Bhaumik

08 Mar 2022

ORDER

Additional Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/41/2022
( Date of Filing : 08 Mar 2022 )
In
Complaint Case No. CC/60/2019
 
1. Sri Tarun Kumar Paul
erg
...........Appellant(s)
Versus
1. Smt. Mallika Paul
erg
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 
PRESENT:
 
Dated : 08 Mar 2022
Final Order / Judgement

Today is fixed for hearing argument.

BNA is filed by the Ld. Advocate of the complainant.

The Ld. Advocate of the OP 1 files an application with copy to the other side seeking scope of filing reply to contest the case on behalf of OP 1.

The application is registered as MA/41/2022.

After hearing the Ld. Advocate on both sides we find that the instant application is not at all maintainable. This court cannot alter or modify its own order. The scope of filing reply was once taken away from the OP cannot be extended to the party again as opined by the Hon’ble Apex Court, in the case reported as (2011) 9  – Supreme Court Cases 541 neither District Commission nor State Commission has given any power to set aside exparte order.

Such being the position of law the Miscellaneous Application calls for no action and hence it is rejected.

21.04.2022 is fixed for argument hearing.

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

 

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 

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