Date of Filing:  01.08.2022.                                          Date of Disposal:   20.12.2022.

Order   Date: 20.12.2022.

            Today is fixed for passing order in respect t of M.A. Case being No. 58/2022.

            Complainant files hazira through the Ld. Advocate. OPs also file hazira through the Ld. Advocate.

            M. A. case being No. 58/2022 is taken up for passing order.

            On 01.08.2022 the complainant has filed this M.A. case to the effect that at the time of purchasing the vehicle in question, he took financial help from the financer Sriram Transport Finance Co. Ltd.  and after the occurrence of this case, he intimated to the said financer and as per verbal assurance  of it, he did not implead the said financer as a party in the instant case. Subsequently, during the pendency of the instant case, the said Sriram Transport Finance Co. Ltd. sent a letter dt. 12.05.2022 where they asked him to pay the due amount to them and being hypothecator as well as real owner of the vehicle, the Sriram Transport  Finance Co. Ltd is a necessary party in this case. So, for proper adjudication of this case, Sriram Transport Finance Co. Ltd should be incorporated as a Proforma Opposite Party in this case.

            Upon this background, the complainant prayed for passing necessary order by incorporating Sriram Transport Finance Co. Ltd. as Proforma OP, whose details have been mentioned in the Schedule of the petition.

The other side did not file any W/O and they also did not make any endorsement, after receiving the copy of the same as “raised objection”.

            Considering the submissions of both sides, materials on record and the grounds of this petition, we are of opinion that Sriram Transport Finance Co. Ltd is a necessary party and it must be impleaded  as Proforma OP in this case.

            Hence, it is

                                                     ORDERED

That the M.A. case being NO. 58/2022 be and the same is allowed on contest but without any cost.

            Sriram Transport Finance Co. Ltd. as mentioned in the Schedule of the petition be added as a  Proforma OP .

            Amend the complaint and the Register accordingly.

            Complainant is directed to file amended complaint by the date fixed.

     Dictated & corrected by me.

                      President

     D.C.D.R.C , Purba Bardhaman.

                     Member                                                                    President

     D.C.D.R.C , Purba Bardhaman.                                     D.C.D.R.C , Purba Bardhaman