Order No:09                                                                                                    Date:   25  /04/2024

This case record is taken up for consideration in the matter of passing order in respect of this MA Case which has been filed for granting an order of injunction in respect of schedule mentioned property by the applicant of this MA Case who is the complainant of CC Case No. 151/2022.

This matter has been contested by the OPs by filing W/O.  The argument highlighted by Ld. Advocates of both the applicant side and OPs has been heard in full.   Considered submissions.

Perused the MA application and / or the application which is filed u/s 38(8) of Consumer Protection Act, 2019.   Examined the W/O which has been filed by the OPs.

 It is the main point of contention and argument of the applicant side that the OPs are now intending to sale out and/ or transfer the flat which is allotted to the applicant side as per Agreement for Sale.  It is also pointed out by the applicant side that if any 3^rd party interest is created over the suit flat, the applicant side shall suffer irreparable loss and injury which cannot be compensated by money value.

On the other hand,  the OP side has adopted the defense alibi that the Agreement for Sale  which has been produced in this case by the applicant side is a fraudulent document and the signature  of the OP has been manufactured and / or fabricated  and for that reason  one Criminal Case at Bantra Police Station  has been registered and the said case is under investigation by the  Police Authority and under this position this District Commission shall not pass any order of injunction in favour of the applicant side.  It has been further highlighted by the OPs that the complainant side has not come before this District Commission in clean hand and / or  the applicant side  who is the complainant of the above noted complaint case is not entitled  to get any  equitable  relief.

After going through  the material of this case record of this MA Case  as well as of the case record of CC Case No. 151/2022 this District Commission finds  after making scrutiny of the documents which have been filed by the applicant side who is the complainant of CC Case No. 151/2022, this District Commission observed that  there is a prima facie  case in favour of the applicant and balance of convenience  and inconvenience  is in favour of the applicant side  and there is urgency of passing such order of injunction  and if such order of injunction is not passed at this stage the main purpose of passing such order would be defeated  by delay and the applicant shall suffer irreparable loss and injury. For all these reasons this District Commission has passed the order of ad-interim injunction restraining the OPs from creating any 3^rd party interest over the suit property.  It is very important to note that the OP has neither challenged the said order before the Higher Forum nor preferred  any revision before the Hon’ble State Commission against the said order of ad-interim injunction.  More so, the said ad-interim order of injunction has been extended  by this District Commission time to time.  The OP has adopted the defense alibi that  the Agreement for Sale  which has been produced  in this case is a fraudulent  document but the OP has neither  filed any document to show that the said plea of the OP has been proved before any Criminal Court nor submitted any prayer before this District Commission for appointment of handwriting  expert.   Thus, the above noted defense alibi that the Agreement for Sale which has been produced in this case is a fraudulent  document cannot be accepted.   More over this District Commission after going through the material of this case record finds that the OPs of this MA Case has already filed W/V and this complaint case is on the verge of starting trial of this case.

Considering all the above noted factors this District Commission is of the view that the injunction  order which has been passed in this can be extended  till the disposal of CC Case No. 151/2022.

In the light of the observation made above this MA Case is disposed of.  Let the order of injunction  be made absolute till the disposal of the Complaint Case No. 151/2022.  No order is passed as to cost.

Dictated & corrected by me

President