West Bengal

Hooghly

MA/102/2023

SRI TANMAY KUNDU - Complainant(s)

Versus

SRINIDHI MONDAL - Opp.Party(s)

SUJATA DE

08 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/102/2023
( Date of Filing : 12 Dec 2023 )
In
Complaint Case No. CC/182/2022
 
1. SRI TANMAY KUNDU
41 PANAPARA BY LANE, P.O- BHADRAKALI, P.S-UTTRARPARA, PIN- 712232
HOOGHLY
WEST BNEGAL
...........Appellant(s)
Versus
1. SRINIDHI MONDAL
VILL AND P.O- DERIAPUR, PURBA BURDWAN, 713408
HOOGHLY
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 08 Feb 2024
Final Order / Judgement

Today is fixed for hearing of this MA case which has been initiated in view of the application filed by OP-3 of CC-182/22 for expert examination regarding signature and handwriting of OP-3 in the Unregistered Agreement for sale dated.11.6.2013.

This matter has been contested by OP by filing written objection.

The argument highlighted by ld. advocates of both sides has been heard in full.  Considered submission.

It is the main point of contention and argument of applicant of this MA case who is the Op-3 of above noted CC case is that the agreement for sale dated.11.6.2013 does not bear his signature and hand writing and so this matter is required to be examined by the hand writing expert.

On the other hand, the complainant who is the OP of this MA case has pointed out that the petition filed by the applicant of this MA case is not maintainable in the eye of law and this application has been filed to cause delay of the trial of CC-182/22 and also for the purpose of defeating the claim of complainant who is the OP of this MA case.

For the purpose of arriving at just and proper decision in respect of the above noted issue, this District Commission after going through the material of this case record as well as of the case record of CC-182/22 finds that the applicant of this MA case has failed to produce his admitted signature and admitted hand writing in any document which is also admitted by both sides.  In view of this position in the absence of admitted signature and admitted hand writing of the applicant side of this MA case does not possible for the handwriting expert to compare the same with the allowed signature and handwriting of the document agreement for sale dated.11.6.2013.  Thus it is crystal clear the petition and / or this MA case which is filed by applicant side who is the OP-3 of the above noted CC case is bereft of cogent document, date, fact and figure and so it is liable to be rejected.

In the result it is accordingly,

                                                                        Ordered

That this MA case 102/2023 which has been filed by the applicant for appointment of the handwriting expert is dismissed on contest.

No order is passed as to cost.

In the light of the observation made above this MA case is disposed of.

Let the case record of MA case no.102/2023 be tagged with the case record of CC-182/22.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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