West Bengal

Howrah

MA/110/2023

Barun Kanti Chakraborty, - Complainant(s)

Versus

SUKUMAR MAITY, - Opp.Party(s)

06 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
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Miscellaneous Application No. MA/110/2023
( Date of Filing : 19 Sep 2023 )
In
Complaint Case No. CC/16/19
 
1. Barun Kanti Chakraborty,
S/O late Kalipada Chakraborty, Ambika Kundu Bye Lane, P.S. Jagacha Howrah 711 104
...........Appellant(s)
Versus
1. SUKUMAR MAITY,
S/O late Bibhuti Bhusan Maity, Kedar Bhattacharjee Lane, P.O. Santragachi, Distr Howrah 711 104
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 06 Aug 2024
Final Order / Judgement

Order No:  7                                                                                         Date:06/08/2024

Today is fixed for hearing of this M.A. case positively failing which necessary order as per law is to be passed. Ld. Advocates of both sides are found present and ready. Heard Ld. Advocates of both sides. Considered submission. Perused the M.A. application which is filed by O.p. of C.C. case for amendment of the written version as per schedule of the amendment petition dated 19/09/2023. This matter has been contested by the O.p. of this M.A. case by filing W/O.

On close examination of the materials of the case record it is found that the O.p. has filed the said amendment application in this M.A. case which has been cropped up from C.C. case No.19/2016 and the said application has been filed with the intension to cause delay in the matter of completion of the summary trial of C.C. case No.19/2016. Moreover, on close examination of the said amendment petition is it revealed that if the prayer for amendment of the O.p. is allowed it would definitely change the nature and character of this C.C. case No.19/2016. Moreover, if the prayer for amendment is allowed it would cause further delay in the matter of taking step by the both parties.

Under this position, this District Commission is of the view that the prayer of the O.p. to make the amendment of the written version on the pretext of incorporating the subsequent event in the written version cannot be allowed.

Considering all the above noted factors, the prayer for amendment which is highlighted in this M.A. case is rejected on contest.

Thus this M.A. case is disposed of.

Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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