Bengal Aerotroplis Projects Limited  & 2 others                    -Petitioner/OPs.

                                     Vs.

Sri Bikash Kumar Bunk                                                -OP/Complainant.

Order Date:  15.05.2023

Today is fixed for passing order in respect of M.A. case being No. 84/2022.

None of the parties appeared this day on calls. There is no bar to pass order in absence of the parties. 

Accordingly, the M.A. case being No. 84/2022 is taken up for passing order.

On 07.11.2022 the OPs have filed a petition stating that the complainant has filed the present complaint with all sorts of false and frivolous allegations. The OPs further stated that in Paragraph 17 of the W/V  submitted by them has categorically stated that the case is not being maintainable before this Ld. Commission which should be disposed and the OPs crave leave to refer the  statements of W/V 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 before this Commission, otherwise these OPs will suffer irreparable loss and injury.

Ld. Advocate for the complainant has filed W/O against this M.A. case and denied all material allegations.

On perusal of the petition which has been registered as M.A. case being No. 84/2022 , it can be said that the OPs crave leave to refer the W/V at the time of hearing of the petition. So, it is necessary to pass appropriate order by dismissing the case by holding the case is not maintainable .

This petition itself does not hold any good ground for non- maintainable of the case in law and this petition is merely a leave petition to refer statements of W/V at the time of hearing of the petition.

Therefore, we do not find any reason to allow this petition at this stage.

Accordingly, it is

                                     ORDERED

that the M.A. case being No. 84/2022 be and the same is rejected on contest 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 CC case be fixed for evidence-on-affidavit on the side of the complainant.

                                                      Member                                                                  President

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