Wednesday, October 16, 2024

Stay application in Consumer Case

 

District : South 24 Parganas.

Before the Hon’ble District Consumer Disputes Redressal Forum, at Baruipur South 24 Parganas.

 

                                                                   CC / 118 / 2015.

 

                                                                   In the matter of :

 

                                                                   Shri Pijush Kanti Gayen,

                                                                             _________Complainant.

-      Versus –

 

M/s. Bindhachal Construction and Others.

          ______Opposite Parties.

 

APPLICATION FOR STAY OF THE PROCEEDING

BY THE OPPOSITE PARTY NO.8

 

The humble petition on behalf of the Opposite Party no. 8, Shri Subhasish Mandal, most respectfully;

Sheweth as under :

 

1.   That on the earlier occasion i.e. 20-04-2016, the Hon’ble Forum, passed the necessary order thereby rejecting the application for vacating exparte order against the opposite party no.8, herein, and consequently do not accept the Written Version of the Opposite Party no.8, herein, vide Order dated 20-04-2016.

 

2.   That Being aggrieved with the Order dated 20-04-2016, passed by the Hon’ble Forum, in CC/118/2015, the opposite party no.8, herein preferred one Revision application being no. RP/71/2016, before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, and whereas on 25-04-2016, the said revision application was taken up for hearing by the Hon’ble State Commission, and upon necessary hearing the Hon’ble State Commission, was pleased to admit the revision application and stayed the proceeding being CC/118/2015, pending before the Hon’ble Forum, till the next date in the said revision application as on 13-07-2016.

 

3.   That in view of the facts of the Order dated 25-04-2016, in RP/71/2016, the proceeding being CC/118/2015, pending before this Hon’ble Forum, has been stayed, by the Hon’ble State Commission, West Bengal.

 

4.   That this application is made bonafide in the interest of administration of justice.

It is therefore prayed that your Honour would graciously be pleased to allow this application and stayed the proceeding being CC/118/2015, in view of the directions and order dated 25-04-2016, passed by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, in RP/71/2016, in the interest of administration of justice, and or to pass such other necessary order or orders as your Honour may, deem, fit and proper for the end of justice.

 

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

Verification

 

I, Sri Subhasish Mandal, being the Opposite Party no. 8, in the instant Complaint matter, states that I am well conversant with all the material facts and circumstances as stated in the foregoing paragraphs of my application and I am  well acquainted thereto. And I verify and sign this application, as on _______________2016, at Baruipur, South 24 Parganas.

 

 

The Opposite Party no.8.

 

Identified by me,

 

Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : _______________________2016.

Place : Baruipur, South 24 Parganas.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A F F I D A V I T

 

I Shri Subhasish Mandal, Son of Sri Mahadev Mandal, by faith Hindu, Indian, by occupation Business, aged about _______ years, residing at premises being no. B-1/5, 002, Prantik, Peerless Housing Society, Sonarpur, Kolkata – 700 150, Police Station Sonarpur, District – South 24 Parganas, do hereby solemnly affirm and declare as follows :

 

1.   That I being the Opposite Party no.8, in the instant case being filed by the Complainant  and I am well conversant with the facts and circumstances of the said case.

                                This is true to my knowledge.

 

2.   That the statements made in paragraphs 1 to __________of my petition are true to the best of  my knowledge and belief and the rests are my humble submissions before your Honour’s Forum.

 

 

 

D E P O N E N T

 Identified by me

 

Advocate.

Prepared in my Chamber,

 

Advocate.

Date : _________________________2016.

Place : Baruipur, South 24 Parganas.

 

N O T A R Y

 

 

 

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