Order No:02                                                                              Date:17/11/2023

       Today is fixed for hearing of the MA Case.  Ld. Advocates of both sides are present.  No written objection has been filed in this MA Case.

Heard argument of Ld. Advocates of both applicant side & OP side.  Considered submission.

This MA Case has been filed by the applicant side who is the OP  on the ground of CC Case No. 234/2016 is not maintainable. 

It is the main point of contention  and argument of the applicant side that the above noted CC Case No. 234/2016 has been filed in respect of a shop room and so the above noted  CC Case No. 234/2016 has been filed although  there is commercial purpose.  In support of point of contention  the applicant side has preferred  the case law which  is reported in (2016)2 WBLR (CPSC) 522.

On the other hand it is pointed out by the OP who is the complainant  of CC Case No. 234/2016 that the shop room has been purchased  for running business for the purpose of earning livelihood  by the complainant  and so the point of argument  relating to commercial purpose  is the maintainable in this case.

For the purpose of arriving at just and proper decision in this case it is revealed that the  above noted CC Case No. 234/2016 is now pending  at the stage of argument of OP side and filing BNA.  It is revealed  that the complainant side has already filed BNA and the argument on the part of complainant side is over.

 All these factors are clearly indicating  that this CC Case No. 234/2016 is on the verge of disposal.  Under this position the point of maintainability which has been raised in this MA Case can be heard  and disposed of after hearing argument of the OP side.

So, let this CC Case No. 234/2016 be fixed for argument of OP side and the point of maintainability which has been raised by the OP side of the CC Case No. 234/2016 is to be disposed of after completion of argument.

In the light of the observation made above this MA Case No. 112/2022 is disposed of.

Let this case record of MA Case No. 112/2023 be tagged with the CC Case No. 234/2016.

Dictated & corrected by me.

President