Sri Shyamal Gupta, Member 

This Revision is preferred against the Order dated 18-05-2016 of the Ld. District Forum, North 24 Parganas in CC No. 405/2015. 

Revisionist’s case, in short, is that on notice, the Respondent appeared before the Ld. District Forum on 11-12-2015 and the Ld. District Forum fixed 13-01-2016 for filing WV.  On the prayer of the Respondent, the Ld. District Forum subsequently fixed 15-02-2016 for filing WV.  On that day too, the Respondent again prayed further time and the Ld. District Forum fixed 17-03-2016 for filing WV.  On 17-03-2016, the Respondent filed a maintainability petition without filing any WV.  Accordingly, the Ld. District Forum fixed 22-04-2016 for hearing of the petition.  On that day, the Revisionist filed WO against the maintainability petition of the Respondent.  It is submitted that although the Revisionist filed a formal objection challenging maintainability petition of the Respondent, according to the Revisionist, taking part in the hearing of said petition would legitimize the irregularity done in the matter as the Respondent has not filed WV despite expiry of the statutory period of limitation; hence, this Revision. 

Heard the Ld. Advocates of both sides in the matter and perused the material on record. 

The position of law in the matter of submission of WV is quite clear.  It has to be invariably filed within a period of 30 days or such extended period not exceeding 15 days as may be granted by the District Forum.  

It is not understood, despite such crystal clear statutory stipulation, on what basis the Ld. District Forum proceeded with the case disregarding the fact that the Respondent hopelessly faltered in discharging its statutory obligation.  Pendency of decision in respect of the maintainability petition is no cogent ground to stretch time for filing WV.  

Since the Respondent failed to file WV in time, the case shall run ex parte against the Respondent. 

Hence,

O R D E R E D 

The Revision stands allowed on contest against the Respondent.  The impugned order is hereby set aside. The case shall run ex parte against the Respondent.