State Consumer Disputes Redressal Commission
Sri Aniruddha Pal vs Sri Sambhu Nath Paul & Ors. on 5 January, 2010
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL BHAWANI BHAWAN (Gr. Floor), 31, Belvedere Road, Kolkata - 700027 Revision Petition No. RC/47/2009 (Arisen out of order dated 07/04/2009 of Case No EA/44/2007 of District South 24 Parganas DF, Alipore)
1. Sri Aniruddha Pal.
S/O Sri Binoy Lal Pal. D/8, Rabindra Pally, PO. Baghajatin. PS. Jadavpur. Kolkata- 700086., West Bengal S/O Sri Binoy Lal Pal. D/8, Rabindra Pally, PO. Baghajatin. PS. Jadavpur. Kolkata- 700086.
West Bengal ....Appellant Versus
1. Sri Sambhu nath Paul.
S/O Late Kedar Nath Paul. 37/1, Abhoy Vidyalankar Road. PO & PS. Behela. Kolkata- 700034. , West Bengal S/O Late Kedar Nath Paul. 37/1, Abhoy Vidyalankar Road. PO & PS. Behela. Kolkata- 700034.
West Bengal
2. M. S. Shraddhanjali.
a registered Partnership Firm, D/8, Rabindra Pally, PO. Baghajatin, PS. Jadavpur, Kolkata- 700086. , West Bengal a registered Partnership Firm, D/8, Rabindra Pally, PO. Baghajatin, PS. Jadavpur, Kolkata- 700086.
West Bengal
3. Sri Ranjit Roy.
S/O Late Probodh Roy. D/20, Rabindra Pally, PO. Baghajatin, PS. Jadavpur. Kolkata- 700086. , West Bengal S/O Late Probodh Roy. D/20, Rabindra Pally, PO. Baghajatin, PS. Jadavpur. Kolkata- 700086.
West Bengal
4. Sri Dipak Das.
D-1/3, Rabindra Pally, PO. Baghajatin, PS. Jadavpur. Kolkata- 700086. , West Bengal D-1/3, Rabindra Pally, PO. Baghajatin, PS. Jadavpur. Kolkata- 700086.
West Bengal
5. Smt. Iti Chowdhury.
D/20, Rabindra Pally, PO. Baghajatin, PS. Jadavpur. Kolkata- 700086. , West Bengal D/20, Rabindra Pally, PO. Baghajatin, PS. Jadavpur. Kolkata- 700086.
West Bengal
6. HDFC 2/6, Sarat Bose Road. PS. Bhawanipur. Kolkata- 700020. , West Bengal 2/6, Sarat Bose Road. PS. Bhawanipur. Kolkata- 700020.
West Bengal ....Respondent BEFORE :
HON'BLE JUSTICE ALOKE CHAKRABARTI , PRESIDENT MR. A K RAY , Member MRS. SILPI MAJUMDER , Member PRESENT:
None for the Petitioner Mr. R. K. Choumal , Advocate for the Respondent 1 *JUDGEMENT/ORDER No. 10/05.01.2010.
HON'BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.
Decree Holder/O.P. No. 1 is present through Ld. Advocate Mr. R. K. Choumal. When the matter was heard on the last occasion on behalf of the JDR/Revisionist Mr. Sukhendhu Chatterjee, the Ld. Advocate challenging the order impugned alleged that substitution was illegal. The reason had been said that the O.P. No. 1 is an unregistered firm and, therefore, on the death of one of the partners abatement had taken place. Considering the said question the Bench granted opportunity to the Revisionist to show the nature of the partnership. Today when the matter was called none appeared for the Revisionist nor any material has been produced to show that the partnership was unregistered firm. Mr. R. K. Choumal, Ld. Advocate for O.P. No. 1 referred to Rule 4 of Order XXX C.P.C. On the materials available we have no reason to presume that the firm is unregistered. In the complaint the O.P. No. 1 firm has been described as a registered partnership firm. The same has been done in the Cause Title of the present revision also. The said case has not been made out in the revision petition in any effective manner. In the circumstances the only contention having not been substantiated the contention of the revisionist fails and the revision is dismissed.
Pronounced Dated the 05 January 2010 [HON'BLE JUSTICE ALOKE CHAKRABARTI] PRESIDENT [MR. A K RAY] Member [MRS. SILPI MAJUMDER] Member