Order No:07                                                                                     Date:29/01/2024

Today is fixed for hearing of this MA Case on the point of law.  Ld. Advocates of the both sides are found present and ready.  Heard argument in full of both sides. Considered submission.

 Perused the MA application and the W/O which is filed by the OP.

This MA application has been filed by the OP of CC Case No. 85/2022 on the ground  that the CC Case No. 85/2022 is not maintainable in the eye of law and over the issue  two judgments of  Hon’ble National Commission have been referred.  On the other hand the OP of this MA Case who is the complainant  of above noted CC Case pointed out that D.R.T. proceedings  have not been initiated by OP, Bank Authority  and so the point of maintainability  which has been prayed by the OP of the above noted CC Case cannot be  accepted.

After going through the material of this MA Case No. 32/2022 as well as case record  of CC Case No. 85/2022 this District Commission finds that proceedings before the Debt Recovery Tribunal  has not yet been initiated by OP, Bank Authority or by the complainant of the above noted CC Case,

In view of this position  the point of maintainability which has been challenged by the OP of MA Case cannot be determined  at this stage, particularly  when OP of the above noted CC Case has filed W/V and the CC Case No. 85/2022 is ready for starting trial.

Under the above noted situation this District Commission is of the view that it would be just and proper  to hear the maintainability  issue alongwith the  trial of this case.  So, let the MA Case be heard  alongwith the trial of CC Case No. 85/2022.

In the light of the observation made above the MA Case is disposed of.

No order is passed as to cost.

Dictated & corrected by me

President