No. 5/23.12.2008.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

None appears for the Appellant.  Heard Mr. Barun Prasad, the Ld. Advocate for the Respondent No. 1, Mr. Bhaskar Sinha, the Ld. Advocate for the Respondent No. 2 and Mr. S. P. Kar, the Ld. Advocate for the Respondent No. 3.  It appears from the impugned judgement that instead of deciding the matter on merit the complaint has been dismissed holding that the case of the Complainant involved complicated questions on fact and there are several of them.  As an instance it has been stated in the judgement that purchase of shares, sale of large number of shares and transfer of few of the shares and misappropriation by a person whose agency is questionable and involvement of a postal authority cannot be decided in summary jurisdiction.  Considering the same though all the Ld. Advocates for the O.Ps supported the said contention, but we are of the opinion that in the present case allegation relating to transfer of shares can very well be proved also in a summary proceeding before a Forum.  Transfer of shares is to be supported by documents.  In the circumstance we do not find any reason for holding that such allegation cannot be decided by a Forum on evidence.  With regard to contention regarding defect of parties, we are of the opinion that even upon holding defect of parties a complaint normally is not to be dismissed without granting the Complainant an opportunity to remove the defects.  In above view of the matter we allow the appeal, set aside the impugned order and the matter is sent back on remand before the Forum below with request to decide the same expeditiously after giving all the parties opportunities to prove their respective cases on evidence as also following the observations made hereinabove.