Date of filing: 15.01.2019                                                                     Date of disposal: 07.03.2019

Complainant:             Smt. Syhata Chakraborty. W/O- Late Prabal Chakraborty, Resident of Baranilpur Uttarpara, P.O.-Sripally, P.S. Burdwan, Dist-Purba Bardhaman, 713103.

• V E R S U S   -
•  

Opposite Party:         1. The ICICI Bank, Burdwan Branch, the Branch Manager /Incharge, Office at 398, G.T. Road, Opp to  Dhaldighi Petrol Pump, P.O. & P.S. - Bardhaman, Dist.- Purba Bardhaman. Pin.-713101.

2. The Chairpeson of ICICI Bank, Registered Office At Landmark, Race Course Circle, Vododara-390007, India.

Present:   Hon’ble President: Smt. Jayanti Maitra (Ray).

                 Hon’ble Member:  Ms. Nivedita Ghosh.

      Hon’ble Member:  Dr. Tapan Kumar Tripathy.

Appeared for the Complainant:             Ld. Advocate, Deb Krishna Sinha.

Appeared for the Opposite Party 1 & 2:   Ld. Advocate,Partha Sarathi Mukherjee.

Order No. 05, Dated: 07.03.2019

This order is arising out of the M.A. being No.09/2019 filed by the O.P. No.2 in the C.C. No.203/2018 praying to pass an order for expunging the name of O.P. No.2 from the cause titled of the complaint by amending the some typographical mistakes as per schedule in this application

This Misc. Application being No.09/2019 is filed by the O.P. No.2 stating the fact that the complainant never hired this service from O.P. No.2 who is the Chairman of the O.P– Bank and Head of the O.P. No.1 that O.P. No.2 did not render any service to the complainant and has nothing to do in this case. Therefore, he prays the name of this O.P be expunged from the cause title of the complaint.

Complainant files written objection stating the fact that O.P. No.2 is the Administrative Head of the Bank and is a juristically person and liable and responsible for acts of omission and commission by O.P. No.1 and Subordinate Branches of Offices. 

As Head of the Institution is a very much necessary party and cannot claim for expunging his name from this case otherwise complainant will face irreparable loss and injuries.

Heard both sides and perused the Misc. Application and also written objection we hold that O.P. No.2 being the Chairperson of ICICI Bank having registered Head Office in the given address and O.P. No.1 is the Burdwan Branch of the ICICI Bank.

Therefore, O.P. No.2 is a necessary party in this case and the prayer of O.P. No.2 for expunging his name cannot be considered at this stage. So the said Misc. Application is therefore considered and rejected.

Hence, it is

O r d e r e d

 that the M.A. being No.09/2019 be and the same is dismissed on contest without any cost.

Let the plain copies of this order be supplied to the parties free of cost as per provisions of law.

                    Jayanti Maitra (Ray)

       Dictated and corrected by me.                                                     President       

                                                                                                         D.C.D.R.F., Burdwan

           (Dr. Tapan Kr. Tripathy)                    

                   Member

         D.C.D.R.F., Burdwan                                                                                                            

                                          (Nivedita Ghosh)                               (Dr. Tapan Kr. Tripathy)

                                                Member                                                              Member    

                                         D.C.D.R.F., Burdwan                              D.C.D.R.F., Burdwan