| Final Order / Judgement | DIST. CONSUMER DISPUTES REDRESSAL COMMISSION NORTH 24 Pgs., BARASAT. M.A. 09/2021 Arising out C. C. CASE NO. 17/2021 Date of Filing: Date of Disposal 04.02.2020 05.02.2020 Complainant/s:- Sri Kishore Kumar Ghosal, S/o Asok Kumar Ghosal, residing at P-42, R. N. Tagore Road, Police Station Belghoria, Dist. North 24 Parganas, PIN – 700 056 | Opposite Party/s:- - Sri Susanta Kumar Paul, S/o Late Tarak Chandra Paul presently residing at 108/10, Banerjeepara Road, Badamtala, P.O. Shyamnagar, P.S. Jagaddal, Dist. 24 Parganas (N), PIN – 743127.
- Sri Subodh Kumar Paul, S/o Late Tarak Chandra Paul presently residing at Central Park, Pirtala, Near Central Road Durga Mandir, P.O. Shyamnagar, P.S. Jagaddal, Dist. 24 Parganas (N), PIN – 743127.
- Sri Samir Kumar Paul, S/o Late Tarak Chandra Paul presently residing at 87/1/1, Banerjeepara Road, P.O. Shyamnagar, P.S. Jagaddal, Dist. 24 Parganas (N), PIN – 743127.
- Smt. Lipi Paul, Wife of Late Rabindranath paul presently residing at 178, Banerjeepara Road, Badamtala, P.O. Shyamnagar, P.S. Jagaddal, Dist. 24 Parganas (N), PIN – 743127.
- Sri Sushanta Kumar Mukherjee, Son of Late Monilal Mukherjee residing at 6/3/17 Seals Garden Lane, P.O. Cossipore, P.S. Cossipore, Kolkata -700002
- Sri Paritosh Bandyopadhyay, Son of Late Pulin Behari Bandyopadhyay residing at 1B/21/1 (new1/11), Ramlal Agarwal Lane, P.O. Sinthee, P.S. Baranagar, Kolkata - 700050
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P R E S E N T :- Smt. Sukla Sengupta……….President :- Smt. Monisha Shaw…………………Member :- Sri Susmit Hrishikesh Bhattacharya……..Member Contd. to Page No. . . . . . . 2/- :: 2 :: M.A. 09/2021 Arising out C. C. CASE NO. 17/2021 Order No. 03 Complainant filed a petition praying for restraining the opposite parties and their men from creating third party interest in the scheduled property with the strength of his ownership and possession over a portion of that scheduled property in prohibitory form. This petition is registered as case being No. M.A. 09/2021. The instant M.A. is moved. Heard the Ld. Advocate. Perused this petition (U/s 38(8) of the C. P. Act., 2019) in prohibitory form. Perused the complaint as well as the submitted documents of the complainant. On perusal of the aforesaid materials it is appeared to us that the complainant has prima facie case but we found no irreparable loss on part of the complainant. As such there is no urgency to allow this petition. Rather, if the instant petition be allowed in that event balance of inconvenience will create in future in disposing the instant case which ought to be concluded within 3 months. The C.P. Act., 2019 stands on summary procedure which is easy, simple and speedy one. If the O.P. party be injuncted in that event there is every possibility of violation of the Court’s Order which surely creates delay in disposal of this case which will frustrates the object of this Act. Therefore, We do not find any reason to allow the petition at this stage. Hence, the instant petition is considered and rejected. Thus, the instant M.A. 09/2021 is disposed of. To 06/05/2021 for S/R. Dictated and corrected by me, Member Member Member President | |
