West Bengal

Birbhum

MA/17/2023

Mohammad Wajedul Haque - Complainant(s)

Versus

The Authorised Signatory Associated Automobiles and Engineers Show Room - Opp.Party(s)

12 Apr 2023

ORDER

Shri Sudip Majumder- President-in-Charge.

            Today is files show cause by the OP. But none appears and no show cause has yet been filed by the OP side even today, alike previous date. Hence, the opportunity for filing W/O if any by the OP against the petition filed by the complainant dated 13/09/2022 is hereby closed. Complainant files hazira. It appears from case record that the complainant files an application U/O rule 17 read with section 151 of the C.P.C. the same has been registered as M.A. Case being No. 17/2023. The record is now taken up for hearing. Perused the petition. Considered. Heard Ld. Advocate for the complainant. From the content of the petition it appears that the complainant intends to amend the petition of complaint and stated in his petition para No. 2 as “ that the tractor was purchased with the financial assistance of the L & T Finance Ltd. and the same is hypothecated to them and as such they are necessary party but at the time of drafting of the complainant due to inadvertence the L & T Finance Ltd. has not been implead as party of the case and the complaint is necessary to amend the complaint in the following manner.”

            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. 17/2023 is considered and allowed without contest and without any costs. Complainant is directed to file the amended complaint as soon possible.

            Thus the M.A Case No. 17/2023 is disposed of.

            Fix. 15/05/2023 for filing of amended complaint and step by the complainant.   

            Copy of this order be supplied to the parties each at free of cost.