West Bengal

Hooghly

EA/14/2024

Tutu Saha - Complainant(s)

Versus

ABHIK KUMAR DAS - Opp.Party(s)

JYOTIRMOY DAS

28 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Execution Application No. EA/14/2024
( Date of Filing : 22 Mar 2024 )
In
Complaint Case No. CC/74/2015
 
1. Tutu Saha
Hindmotor, Uttarpara.
HOOGHLY
WEST BNEGAL
...........Appellant(s)
Versus
1. ABHIK KUMAR DAS
69 DESHBANDHU NAGAR RD, P.O- HINDMOTOR, HOOGHLY, 712258
HOOGHLY
WEST BENGAL
2. ARPITA DAS
69 DESHBANDHU NAGAR RD, P.O- HINDMOTOR, HOOGHLY, 712258
HOOGHLY
WEST BNEGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Babita Choudhuri MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 28 Mar 2024
Final Order / Judgement

Today is fixed for admission hearing of this execution case.

Ld. advocate for the d/hr side is found present and ready.

Heard ld. advocate for the d/hr side.  Considered submission.

In course of hearing it is revealed that earlier one execution case was filed in respect of the judgment passed in CC-74/2015 but that execution case has been dismissed in the year 2022.  The certified copy of the said order has not been filed.  It has been clearly suppressed by the d/hr side.  Moreso no step has been taken to call for the case record of earlier execution case.  All these factors are clearly reflecting that this execution case is barred by “Principle of Resjudicata”.

So this execution case is not admitted.  The execution petition is returned to the ld. filing advocate for taking necessary steps.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Babita Choudhuri]
MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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