Date of Filing: 13.04.2023.                                                           Date of Disposal: 23.05.2023.

Complainant-      Sanjoy Majumdar Vs. O.P.- The  Manager, New India Assurance Co. Ltd.(OP No. 4) & Others.  

Order Date: 23.05.2023.

Today is fixed for filing W/V by the OP Nos. 1,2 & 3  in CC case and for passing order in the respect t of M.A. case being No. 52/2023.

OP Nos. 1,2 & 3 filed W/V along with copy of the same. Copy served. W/V is accepted. OP No.4 is present but the OP No.5 is absent. Ld. Advocate for the complainant is present.  

M.A. case being No. 52/2023 is taken up for passing order.

On 13.04.2023 the OP No.4 has filed a petition praying for passing necessary order by disposing of the case holding that the case is not being maintainable against the OPs on the grounds that in paragraph Nos.14, 15 and 16 of the W/V, the OP No. 4 has categorically stated that the case is not being maintainable before the Ld. Commission and it should be dismissed at the first instant. This OP craves leave to refer the statements of written version at the time of hearing of the petition. So, it is now necessary to pass appropriate order by dismissing the case by holding the case is not maintainable against this OP.

The copy of the petition is snot served to the complainant.

However, at the time of hearing, the complaint raised strong objection and submitted that it is a mere petition by taking leave of the Court to refer the statements of written version at the time of hearing of the petition only.

Perused the petition.

It appears that at best , it can be said that this OP craves leave to refer the statement of written version at the time of hearing the petition but the petition does not contain any element or grounds for the case is not  being maintainable before the Ld. Commission.

Under the above facts and circumstances, we are of opinion that we find no materials in this petition to hold that the case is not maintainable in law against this OP No.4 at this stage.

Hence, it is

                                               ORDERED

That this M.A. case be and the same is rejected on contest but without any cost and  thus disposed of.

Let a copy of this order be given to the parties on free of cost.

Let the case being No. CC/3/2023 be fixed for evidence-on-affidavit from the side of the complainant.

     Dictated & corrected by me.

                      President

     D.C.D.R.C , Purba Bardhaman.

      Member                                        Member                                                                 President

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