West Bengal

Howrah

MA/93/2022

SMT. TAPASI BAG, - Complainant(s)

Versus

Sri Rajesh Maji, - Opp.Party(s)

Gourab Chatterjee,

17 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/93/2022
( Date of Filing : 15 Dec 2022 )
In
Complaint Case No. CC/48/2022
 
1. SMT. TAPASI BAG,
Wife of Sri Asish Bag, residing at 28, Kali Banerjee lane, P.s. Dist Howrah 711 101
...........Appellant(s)
Versus
1. Sri Rajesh Maji,
Son of late Sukumar Maji, of 33/2, Sadar Bakshi Lane, P.s. and Dist Howrah 711 101
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 17 Nov 2023
Final Order / Judgement

Order No:06                                                                              Date:17/11/2023

Today is fixed for hearing of injunction matter.  Applicant side is found ready.  OPs have not taken any steps.  On call the OPs are found absent.  Nobody appears for the OPs.

Heard argument of the applicant side. Considered submission.

Perused the injunction petition.

Seen the materials of this case record as well as the case record of  C.C. Case No. 48/2022.

After going through the materials of the case records, it appears that this District Commission has passed the order of injunction considering the prima facie case, urgency, balance of convenience and inconvenience and also after making scrutiny of the fact that if the injunction order is not passed in favour of the applicant, the applicant / complainant shall suffer irreparable loss  and injury and the main purpose of passing such order would be defeated by delay.  It is further revealed  that the order of ad-interim injunction has also been extended time to time.  The OPs have not raised any objection in this matter.

Considering all the above noted factors, this District Commission is of the view  that the ad-interim order of injunction which has been passed in this case can be made absolute and so the injunction order which   has been passed in this case is made absolute till the disposal of the C.C. Case No. 48/2022.

 In the light of the observation made above this M.A. Case No. 93/2022 is disposed of on contest.

  Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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