Hon’ble Mr. Manojit Mandal, President
Order No.5, dated 30/11/2018
Complainant is present alongwith his Ld. Advocate and files an application praying for passing an order to dispose of the case on the ground as stated in the application.
Ld. Advocate appearing for the O.Ps files a verified application praying for vacating the order of ex-parte on the ground as stated in the petition. Copy served.
Ld. Advocate appearing for the O.P. files another verified application praying for condonation of delay on the ground as stated in the petition. Copy served.
O.Ps file written version supported by verification alongwith same documents. Copy served.
O.P. No. 1 files examination in chief. Copy served.
O.P. No. 1 & 2 file written argument. Copy served. Let it be kept with the record.
Heard both sides. Perused the petitions filed by the O.Ps. Also perused the record. Considered.
Upon hearing both sides and on perusal on record it appears that today is fixed for hearing argument ex-parte. It also appears that the case is proceeding ex-parte against the O.Ps and within 45 days of appearance the O.Ps have not filed the written version. So, all the applications filed by the O.Ps are liable to be rejected.
Hence, the petitions filed by the O.Ps are rejected.
The record is taken up for hearing the petition filed by the Complainant.
Heard the Complainant as well as the Ld. Advocate appearing for the Complainant.
Complainant submits that this case has been amicably settled among the parties and there is no dispute among them and he is not interested to proceed with this case. Considering this submission and on perusal of the record and the petition, we are of the view that there is no bar in allowing the petition filed by the Complainant.
Hence, it is
Ordered
That the petition filed by the Complainant is allowed. Let the case be dismissed for non prosecution. The complaint case is, thus, disposed of accordingly.
Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action. The copy of this Judgment/Final Order is also available at www.confonet.nic.in.
Dictated and corrected by me.