West Bengal

Birbhum

MA/20/2023

Abdul Kadir - Complainant(s)

Versus

Station Manager, W.B.S.E.D.C.L - Opp.Party(s)

08 Jun 2023

ORDER

Shri Sudip Majumder, President in Charge.

Today is fixed for passing of order in respect of the amendment petition of the complainant. Both the parties files hazira through their respective Ld. Advocates. Already heard Ld. Advocates for the both sides.

            One amendment petition has been filed by the complainant as on dated 15/12/2022. The same has been registered as M.A. Case being No. 20/2023. Record is now taken up for passing of order.

            Perused the petition. Considered. From the content of the petition it appears that the complainant intends to amend...1) That the last line of paragraph No. 1 of the petition of complain the word and date i.e. “on 6.12.2016” should be deleted, and 2) That after the end of paragraph No. 111 of the petition of complain the sentence “Be it mentioned here that the compliance report was intimated in writing on 165/12/2016 by the petitioner” should be added.

            No W/O has yet been filed by the OP sides, no objection raised by the OP sides.

            In this respect we are of the view that amendment even at the stage of argument is required to be allowed in view of the diktat of the Hon’ble Supreme Court of India. We all know that amendment is to be allowed even at a final stage of a case if the Court considers the same as deemed fit and proper.

            In the instant case, this Commission is of view that if the prayer for amendment as made by the complainant would be allowed by this Commission that cannot change the nature and character of this case because it is formal in nature.

           

Hence, the amendment petition being M.A. Case being No. 20/2023 is considered and allowed on contest without any cost. Complainant is directed to file the amended complaint as soon as possible. The contesting OPs are at liberty to file additional written version if any.

            Fix. 15/06/2023 for filing of amended complaint by the complainant.

Let a copy of this order be supplied to the complainant/petitioner free of cost.