Order no.  4, dt. 21.7.2022

Today is fixed for passing order in respect of the petition filed by the opposite parties of C.C. case no. 137 of 2021 against the complainant of the said C.C. case on the ground that the complaint petition filed in C.C. case no. 137 of 2021 is not maintainable.

Both sides are filed hazira. Ld. Lawyers of both sides are present.

The complainant/ op of this M.A. application case has been contesting this matter by filing W/O.

At the time of argument ld. Lawyer of the applicant of the C.C. case lay emphasis on the grounds described in the M.A. application and also has drawn the attention of the memorandum of understanding (Xerox copy). It is the main point of contention and argument that according to the terms and conditions of the MOU the complainant of C.C. case no. 137 of 2021 (who is the op of this M.A. application) has already received the agreed amount and so the complaint case which has been filed by the complainant is not at all maintainable.

 On the other hand, at the time of argument ld. Lawyer of the op of this M.A. application highlighted the points which have been described in the W/O filed against the M.A. application and also argued that the memorandum of understanding which has been filed is arbitrary and it has not been executed in proper process and the said document is neither registered document nor notarized and so said documents is not reliable.

On the background of the above noted points of argument highlighted by the ld. Lawyers of both sides, this District Commission after examining the materials of this case (C.C. case no. 137 of 2021) finds that ops have already filed W/V and complainant has also filed his evidence on affidavit and this matter is clearly indicating that this C.C. case no. 137 of 2021 is on the verge of disposal and the trial of this case is going to be completed within a short period of time. Under this position it would not ne just and proper to dispose of this C.C. case no. 137 of 2021 just only on the basis of a copy memorandum of understanding which is neither registered nor notarized. Moreso, if this case is decided on the basis of the above noted document, it would be a premature decision when trial of the C.C. case no. 137 of 2021 is on the verge of completion. So, it would be wise and prudent to hear this M.A. application along with the trial of this case and it would be decided after conclusion of trial. So, let this M.A. application dt. 10.6.2022 be kept with the record and it is to be decided at the time of passing final order on completion of trial.

In the light of the observation made above this M.A. case no. 8 of 2022 is disposed of at the stage of contest.

No order is passed as to costs.