West Bengal

Kolkata-II(Central)

EA/8/2023

Ratna Roy - Complainant(s)

Versus

Aloke Chatterjee S/O Late Nilmoy Chatterjee - Opp.Party(s)

22 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Execution Application No. EA/8/2023
( Date of Filing : 19 Jan 2023 )
In
Complaint Case No. CC/282/2016
 
1. Ratna Roy
7/A, Sarat Ghosh Garden Road, Kolkata-700031, P.S. Kasba.
2. Goutam Roy S/O Larte Ratish Roy
79A, Sarat Ghosh Garden Road, P.S. Kasba, Kolkata-700031
...........Appellant(s)
Versus
1. Aloke Chatterjee S/O Late Nilmoy Chatterjee
95/1, Sarat Ghosh Garden Road, Kolkata-700031, P.S. Kasba.
2. Somnath Banerjee S/O late Satyanarayan Banerjee
79A, Sarat Ghosh Garden Road, P.S. Kasba, Kolkata-700031.
3. Tapashi Banerjee W/O Srinath Banerjee
79A, Sarat Ghosh Garden Road, P.S. Kasba, Kolkata-700031.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Sahana Ahmed Basu PRESIDING MEMBER
 HON'BLE MR. Reyazuddin Khan MEMBER
 
PRESENT:
 
Dated : 22 Jun 2023
Final Order / Judgement

Order No. 7                            Dated: 22.06.2023

Today is fixed for hearing of MA/228/2023.

Ld. Advocate for the Dhr and the Jdr-1 are present.  It appears that a petition was filed by the Jdr-1 on 15.05.2023 stating therein that Dhr Ratna Roy expired much before filing the instant Execution petition and the instant execution petition was filed by Partha Roy and Goutam Roy without substituting name of Ratna Roy since deceased which is technically not possible with the prayer for dismissal of the Execution Case and the same was registered as MA/228/2023 under the hearing today. 

Heard the parties present on MA.

Ld. Advocate for the Dhr submits that his client intend to not press the instant Execution Case.

Considering the facts shown afore, It is our considered view that as an Execution Case was filed by the Dhr on 15.05.2017 for execution of the Judgement dated 07.02.2017 passed by this Commission in CC No. 282/2016, the instant Execution Case which was filed by the present petitioner on 19.01.2023 for execution of the same judgement dated 07.02.2017 is not at all tenable in this Commission. 

Hence, the Execution Case being No.08/2023 is dismissed.

The MA/228/2023 is thus disposed of.

 

 
 
[HON'BLE MRS. Sahana Ahmed Basu]
PRESIDING MEMBER
 
 
[HON'BLE MR. Reyazuddin Khan]
MEMBER
 

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