West Bengal

Kolkata-I(North)

MA/54/2022

Smt. Suvra Mukherjee and another - Complainant(s)

Versus

Smt. Rina Halder and 5 others - Opp.Party(s)

20 Jul 2022

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Miscellaneous Application No. MA/54/2022
( Date of Filing : 20 Jul 2022 )
In
Complaint Case No. CC/163/2021
 
1. Smt. Suvra Mukherjee and another
W/o Sri Debajit Mukherjee, 64/1/34B, Belgachia Road, P.O. - Belgachia, P.S. - Ultadanga, Kolkata - 700037.
2. Sri Debajit Mukherjee
S/O Late Malay Krishana Mukherjee, 64/1/34B, Belgachia Road, P.O. - Belgachia, P.S. - Ultadanga, Kolkata - 700037.
...........Appellant(s)
Versus
1. Smt. Rina Halder and 5 others
Widow Of Late Dipak Kumar Halder, 26/1, Paikpara Row, P.O. - Belgachia, P.S. - Chitpur, Kolkata - 700037.
2. Smt. Dola Das (Halder)
D/O Late Dipak Kumar Halder, 26/1, Paikpara Row, P.O. - Belgachia, P.S. - Chitpur, Kolkata - 700037.
3. Sri Mihir Basu
S/O Late Amiya Kumar Basu, 26/1, Paikpara Row, P.O. - Belgachia, P.S. - Chitpur, Kolkata - 700037.
4. The Kolkata Municipal Corporation
5, S. N. Banerjee Road, P.S. - New Market, Kolkata - 700013.
5. The Municipal Commissioner, The Kolkata Municipal Corporation
5, S. N. Banerjee Road, P.S. - New Market, Kolkata - 700013.
6. Executive Engineer (Civil), Building Department
Borough - I, Ward No. IV, The Kolkata Municipal Corporation, 10, B. T. Road, P.S. - Chitpur, Kolkata - 700002.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 20 Jul 2022
Final Order / Judgement

Continued...

Order No.1                                    

This case is registered as MA/54/2022 today.

Ld. Advocate for the complainant is present.

Ld. Advocate for the opposite party nos.4 to 6 is present.

None appears on behalf of the opposite party nos.2 and 3 today.

Ld. Advocate for the complainant by filing a petition on affidavit prays for expunging the name of opposite party no.1 being deceased.

Ld. Advocate for the complainant by filing a petition on affidavit prays for expunges the name of opposite party no.1 being deceased.

Ld. Advocate for the complainant submits that Ld. Advocate for opposite party no.2 on 12/05/2022  submitted before the Commission that opposite party no.1 had died. Accordingly, Ld. Commission had directed to Ld. Advocate for opposite party no.2 to disclose the names of the legal heirs of opposite party no.1 , if any, but the said direction has not been complied with till date. So complainant having no other option but pray before the Ld. Commission to expunge the name of opposite party no.1.

Considering the submission of the Ld. Advocate of the complainant the application dated 20/07/2022 Order 22 Rule 10A read with Section 151 CPC is allowed.

The name of opposite party no.1 be expunged from the cause title of CC/163/2021.

Thus the Misc. application is disposed off.

Note accordingly.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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