DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
M.A. 14/2020
Arising Out E.A. 272/2015
Date of Filing: Date of Disposal:
16.01.2020 04.02.2020
Complainant = Vs. = O.Ps.
Mrs. Sadhana Saha 1. Arun Sarkar
W/o. Sri Kishori Mohan Das S/o. Sri Santosh Sarkar
residing at 846 Lake Town, residing at 46/8, Rafi Ahmed Kidwai
Block-A, P.S.-Lake Town, Road, P.S.-Dum Dum, Kolkata-55.
Kolkata-700089, presently residing at 17/1/1,
Dist- North 24 Parganas, Nayaptty Road, 1st Floor, Flat No-B,
Presently residing at 81, P.S.-Dum Dum, Kolkata-700055.
Lake Town, Block-B, 1st floor, 2. Sri Anup Ghosh
P.S.-Lake Town, S/o. Sri Panchanan Ghosh
Kolkata-700089. Residing at 81/1, Adyanath Saha Rd.
P.S.-Lake Town, Kolkata-700048.
3. Amita Banerjee
W/o. Sri Adhir Banerjee
Presently residing at 25/3, Raja
Mahindra Road, Block-D, Flat No-15
MIG, Kolkata-700087.
4. Sri Swadesh Chandra Chakraborty
S/o. Lt. Satish Ch. Chakraborty
Residing at 102/6, Baisakhi Abasan,
AG-Block, Salt Lake, Kolkata-91.
Presently residing at Flat No-D,
Monalisa Apartment, 3 Baguiati,
P.S.-Dum Dum, Kolkata-28.
5. Smt. Arati Rakshit
W/o. Sri Madhumoy Rakshit
Residing at 193, Andul Road,
Block-B.A./1, Flat No-6, P.S.-Andul,
Dist-Howrah.
6. Smt. Anukana Halder
W/o. Swapan Halder
Residing at 129, Paschim Kodabas,
New Barrackpore, P.S.-Khardah
(New Ghola), Dist-24 Pgs(N)
7. Sri Akhil Chandra Roy
S/o. Hari Madhav Roy
Residing at C-106/6, Baishakhi
Contd. to page No. …. 2/-
M.A. 14/2020
Arising Out E.A. 272/2015
- :: 2 :: -
Abasan, AG-Block, Salt Lake City,
Kolkata-700091.
Presently residing at 206,
Shyamnagar Road, Flat No-B, 6th
Bye Lane, Ground Floor,
Kolkata-700055.
8. Sri Arabinda Poddar
S/o. Lt. Jasoda Lal Poddar
Residing at 49/9, Canal Street
Sreebhumi, Lake Town,
Kolkata-700048.
9. Sri Swapan Kumar Biswas
S/o. Sri Nani Gopal Biswas
Residing at 129, Canal Street,
Sreebhumi, Lake Town,
Kolkata-700048.
Presently residing at 206,
Shyamnagar Road, Flat No-E,
6th Bye Lane, 1st Floor, Kolkata-55.
10. Radha Gobinda Roy
S/o. Sribash Chandra Roy
Residing at P-751, Lake Town,
Block-A, Kolkata-700089.
P R E S E N T :- Sri Karna Prasad Burman……………President
:- Smt. Monisha Shaw……………………Member
Order No. 28
C/R is placed for passing necessary order on M.A. being No. 14/2020. This M.A. case is filed on behalf of the JDRs Nos. 1 and 2 praying for correction / rectification of Order dated 18/07/2017 (vide Order No. 18) in this execution case which is followed the Order No. 17 dated 18/07/2017 passed in E.A. Case No. 271/2015 as treating the case being No. E.A. 271/2015 and E.A. 272/2015 analogous.
A strong argument was heard both sides in the earlier. In support of the instant M.A. case. Ld. Advocate appearing on behalf of the aforesaid JDRs named Shri Sourav Roy Chowdhury cited reference 2019 (3) Scale 684 (Supreme Court of India) in support of their contention and opined that the instant M.A. case may kindly be allowed.
Contd. to page No. …. 3/-
M.A. 14/2020
Arising Out E.A. 272/2015
- :: 3 :: -
In reply, Ld. Advocate Mr. Rajesh Biswas argued that the executing court cannot go behind the decree. Moreover, this matter has already been confirmed by the Higher Forum. He submitted that the instant M.A. case be dismissed with costs.
Perused the M.A. petition, Order No. 17 dated 18/07/2017 in the E.A. 271/2015, order dated 22/07/2015 passed in the original case being No. C.C. 616/2014. We have also gone through the Order dated 27th March, 2019 of the Hon’ble S.C.D.R.C, W.B. passed in First Appeal No. A/912/2017 and the reference 2019(3) Scale 684 (Supreme Court of India). On perusal of the aforesaid materials it is appeared to us that the matters as prayed for has already been decided by the Hon’ble S.C.D.R.C., W.B. based on the reference of the Hon’ble Supreme Court in (2018) 4 W.B.L.R. (S.C) 401 [Meenakshi Saxena & Anr. – Vs. – ECGC Ltd.]. We have also found no inner parity in between the referred case of 2019 (3) Scale 684 and in this matter.
Hence, the instant M.A. case is dismissed on contest but without cost.
To 15/04/2020 for compliance of the final order dated 22/07/2015 passed in C.C. Case No. 616/2014 by the JDRs in consonance with the order of the Hon’ble S.C.D.R.C, W.B., dated 27th March 2019 passed in First Appeal No. A/912/2017.
Dictated & Corrected by
President
Member President
