Order No:  3                                                                                         Date:15/07/2024

Today is fixed for hearing of this M.A. case. W/O is to be filed in the meantime. Applicant side is found present. O.p. side who is the complainant of C.C. case No.125/2021 is also found present. W/O filed. Copy served. Let it be kept with the record.

Heard both sides. Considered submission.

It appears that the applicant has filed the M.A. case for expunging the name of the applicant from C.C. case No.125/2021.

After going through the materials of the case record, it is revealed that the applicant/Oriental Insurance Co. has been incorporated as a party of this case in view of the prayer of the O.p. nos.1 & 2 which was allowed by this District Commission vide order no.3 dated 09/02/2023 passed in M.A. case No.47/2022. But fact remains that the present applicant who is the O.p. insurance Company has neither preferred any revision before the Higher Forum for making review of that order nor challenged the order before the Higher Authority. It is found that the applicant of this M.A. case is intending to make review of the above noted order which is not permissible in the eye of law.

Moreover, the O.p./Insurance Company is the necessary party of this case and for the proper and complete adjudication of the above noted complaint case the presence of O.p. no.3 The Oriental Insurance Company is urgently required. So, the prayer of the applicant side for expunging the name of the O.p. no.3 from C.C. case No.125/2021 is rejected.

In the light of the observation made above this M.A. case No.133/2023 is disposed of.

Dictated & corrected by me.

President