Hon’ble Mr. Ajeya Matilal, Presiding Member

          This appeal has been preferred against the order no. 14 dt. 05.08.2022 passed in EA/24/2020. In the impugned order, it is observed by the Ld. Forum below that the judgment of CC/183/2013 was passed on  04.03.2020 and in spite of getting sufficient opportunity, the J.dr side has neither filed any appeal before the Hon’ble State Commission nor has brought any stay order of the Hon’ble State Commission.

          Moreover, the order of issuing W.A has been passed by this District Commission on 31.05.2022 and no review application has been filed within one month for reviewing the stay order no. 10 dt. 31.05.2022 in compliance of Section 40 of the C.P. Act, 2019.

          According to the Ld. Commission below, there was no scope for recalling the W.A. So, prayer for recalling the W.A was rejected on contest.

          At this stage, Ld. Advocate for the J.dr submitted that subsequent to that fact the J.dr preferred an appeal being no. A/31/2023 against final order of CC/183/2013 dt. 04.03.2020 and the J.dr concerned is Government employee. So, the prayer for recalling W.A should have been considered by the Forum below. But the aforesaid appeal is yet to be admitted as the petition for condonation of delay is still pending.

          So, in view of above observation, we are of the view, that the present execution appeal should not be entertained.

          Accordingly, AEA/38/2022 is dismissed on contest. Impugned order is upheld. There shall be no order as to the costs. Order of stay, if there is any stands vacated.

          Let a copy of this order be sent to the Ld. DCDRC, Hooghly, Chinsurah.

          The Joint Registrar of this Commission is requested to do the needful in this regard.