Sri Bachan Barman

S/o. Madhusudan Barman

Vill.: Daying

P.O.: Balapur

P.S.: Tapan, D/Dinajpur ……………………………Complainant



V-E-R-S-U-S

M/s. ARNAB ENTERPRISE

Sova Majumder Sarani (Opp. Balurghat Municipal Swimming Pool)

Balurghat, Dakshin Dinajpur. Pin-733101.

Mob. No.9434181699. …………Opposite Party



Date of Filing : 21.05.2009

Date of Disposal : 21.07.2009


Order No.7
Dt. 21.07.2009 (Later)


The case record is put up on prayer made on behalf of the sole OP.

On behalf of such OP three other petitions have been filed this day, one praying for permitting Rintu Dey- Prop. of the OP concern to defend such proceeding on behalf of OP concern, the second praying for vacating the order of ex-parte hearing of the case and the third praying for disposal of this case on compromise.

Copy of such petitions appear to have been served upon the complainant who is present in person before this Forum.

Hd. the said Rintu Dey- Prop. of OP concern as also the complainant in regard to the said three petitions.

The prayer made on behalf of OP concern for permitting the Prop.- Rintu Dey to defend the proceeding on behalf of OP concern is granted.


In the petition seeking vacating of the order of the ex-parte hearing it has been contended that the said Rintu Dey could not attend the Forum while the case was called on earlier this day in view of sudden illness. From a consideration of the circumstances, the prayer sought for in the petition is allowed. The order of the ex-parte hearing passed earlier this day is thus recalled.


As regards the compromise petition, we find that not only the said Rintu Dey – prop. of the OP concern but also the complainant Bachan Barman figure as the parties to such petition. The petition also bears signatures of such proprietor of OP concern and of the complainant.


It has been contended in such petition that the OP made over the Mobile in question to the complainant getting the same repaired and the concerned battery and that the OP also paid to the complainant a sum of Rs.1,000/- towards compensation.


In the petition the OP and the complainant jointly prayed for disposal of the case on the basis of aforesaid terms stated in the petition.

The terms of compromise enumerated in the petition do not appear to be unlawful.

We thus think it proper not to turn down the prayer made in the petition.

Under such circumstances it is.

O R D E R E D

That the instant CC Case stands allowed in terms of the petition on the compromise filed on 21.07.2009 which do form part of this order.