EA-01-17

Order No.59

Today in compliance with the direction of this Forum given by this Forum vide order no 52 dtd 23.03.22 the Jdr side is represented by its Ld Counsel  who also presses  by their petition dtd 23.03.22 to allow the Dhr’s petition dtd 10.02.22 , by filing which, supported by affidavit(Dhr) has been pressing for the withdrawal of this Ex case, filed from his end in which W/A against the Jdr is pending. Heard the Dhr, Jdr and their Ld Counsel for the Dhr,Jdr.

The case record reveals that against the Exparte Judgment of Complainant case No.10/16 passed exparte in favour of the Dhr./Petnr.Malay Maity, on 16.09.16, the Jdr had moved before the Hon’ble SCDRC late.The Hon’ble SCDRC vide its final order dt.06.02.2019 in First Appeal No.A/219/2018 had disallowed the Jdr./Applts. Prayer for condonation of delay and dismissed the First Appeal No.A/219/2018.

The Jdr./Appellant  moved Revision Petition No.1106/2019 before the Hon’ble NCDRC against trhe Judgement of First Appeal No.A/219/2018.

Hon’ble NCDRC did not entertain the Applts./Jdr’s Revision Petition No.1106/2019 vide Or.dated-19.8.19.

In this backdrop, when the W/A is pending against the Jdr., the Dhr. has prayed for withdrawal of this Ex.Case by filing put up petition to gather with original petition dt.10.02.22 supported by affidavit.

Today the Ld.Counsel for the Jdr. has pressed his petition dt.23.3.22 has prayed for entertaining the Dhr’s petition for withdrawal of this case, as compromise and files a separate petition for recalling W/A against the Jdr. of this case.

Heard the Ld.Counsel for the Complt./Dhr. and the Jdr. both. The Complt./Dhr. prays for withdrawal of this case and submits unequivocally before this Forum to vindicate his instant prayer for withdrawal of this case. Considered.

Since the Complt. is not intending to proceed with this Ex.Case, as he is claiming in connivance with the Jdr. that a compromise is effected in between them, so there remains cogent g round to effectuate the Complt’s petition dt.10.02.22 to allow him to withdraw this Ex.Case.

                                                                Hence, it is

                                                                                     Ordered.

That the Complt’s/Dhr’s petition dt.10.02.22 to allow him to withdraw this Ex.Case filed by him to execute the exparte order of Complt.Case No.10/16 decided by this Forum exparte against the O.P./Jdr. dt.16.9.16 is allowed.

The prayer of the Jdr.dt.22.3.22 to recall W/A against the Jdr. side of this case is also allowed. Let a copy of this order be sent the concerned Kharagpur Town P.S. forthwith for information and necessary action.