06/01/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

             This Appeal u/s 27A of the C. P. Act, 1986 is directed against the order no.4 dated 11/07/14 passed by Learned District Forum, Burdwan in execution case no.30 of 2014 fixing 06/08/14 for complete settlement in the matter.  Complaint case no.263 of 2013 was disposed of by the Learned District Forum directing the OP Bank to return the original title deed being no.7144 executed on 14/10/63 and registered on 06/11/63 to the Complainant within 45 days from the date of passing the order failing which the Chief Manager of OP Bank will be solely liable for lack of supervision over the banking staff.  The OP Bank was further directed to pay litigation cost of Rs.1,000/- within 45 days with the return of the original deed, in default Rs.80,000/- and Rs.1,000/- will be paid by the OP Bank to the Complainant. 

            The Learned Counsel for the Appellant/Jdr has submitted that the Complainant  took loan from the Bank and after the liquidation of the loan amount NOC was issued and after the judgment was passed the deed in original was produced before the Learned District Forum with the cheque bearing no.404730 dated 08/05/14 amounting to Rs.1,000/- towards litigation cost.  It is submitted that the Learned District Forum vide order no.7 dated 22/05/14 passed the order accepting such deed and the cheque with the observation that the direction passed in the judgment has been successfully complied with by the OP Bank within stipulated period and, accordingly, the dispute between the parties stood disposed of finally.  The Learned District Forum further directed the Complainant to collect the original deed and the banker’s cheque from the Forum after proper receipt.  It is submitted that the said order was passed by the Learned District Forum in complaint case no.263 of 2013.  It is contended that at that stage the Jdr did not get any notice from the Learned District Forum in connection with execution case.  It is contended that subsequently the Learned District Forum after the disposal of the matter passed an order no.4 dated 11/07/14 in execution case no.30 of 2014 directing the Jdr to comply with the order. 

            It is submitted by the Learned Counsel for the Respondent that the compliance of the judgment passed in complaint case was made after the expiry of 45 days and, as such, the Jdr is liable to pay compensation.  It is submitted that the earlier order dated 22/05/14 in the complaint case was passed when the execution case had already been filed and the Learned District Forum ought to have passed the order in the execution case.  

            We have heard the submission made by both sides and perused the papers on record.  Evidently, by order no.7 dated 22/05/14 the Learned District Forum disposed of the case with the observation that the direction passed in the judgment had been successfully complied with by the OP Bank within the stipulated period and the dispute between the parties stood disposed of finally.  The Learned District Forum further directed the Complainant to collect the cheque and the original deed from the Forum.  The Respondent herein did not move this Commission against the order dated 22/05/14 passed by the Learned District Forum.  Once the matter was disposed of finally after compliance with the direction passed in the judgment of the complaint case, the subsequent order passed by the Learned District Forum in the execution case on 11/07/14 is not sustainable.  The execution case was filed on 14/05/14 and the compliance with the direction passed in the judgment was made on 22/05/14.  It is the specific contention of the Jdr that notice in connection with the execution case was not issued at that time and the Learned District Forum passed the order in the record of the complaint case.  When the matter was disposed of finally the Learned District Forum had no jurisdiction to review the said matter and pass a subsequent order in the execution case.  The impugned order, therefore, is not sustainable. 

            The Appeal is allowed.  The impugned order passed by the Learned District Forum on 11/07/14 is set aside.