DATE OF DISPOSAL: 04.03.2020.
Shri Karunakar Nayak, President:
The DHR Smt. K. Rekha Achary’s case in brief is that she had filed an E.A. No. 20/2018 (arising out of CC No. 78 of 2014) with a prayer to take action against the JDR U/s 27/25 of C.P.Act, 1986 and to direct the JDRs to pay the decretal amount with 18% per annum.
2. The JDRs were noticed by this Ld. Forum for their appearance and to file show-cause. The JDR No.2 filed his show-cause. But in the meantime, the Hon’ble State CDR Commission, Odisha, Cuttack passed an order on 6.9.2019 in F.A.No. 324/2018 arising out of CC No. 78/2014 after set aside the impugned order passed by this Ld. Forum and directed the appellant (JDRs) to pay Bank Draft of Rs.5,000/- to each complainants and file written version, upon which the Ld. District Forum shall proceed to dispose the complaint on merit.
3. Accordingly, the JDR deposited Rs.5000/- Bank Draft in favour of the DHR (complainant) and filed his written version. The JDR filed a petition praying therein to drop the E.A. filed by the DHR as the Hon’ble State CDR Commission, Odisha, Cuttack has already set aside the impugned order of Ld. District Forum. The DHR also filed a counter to the complainant’s petition stating there in that the JDR/ OP No.1 was the respondent No.2 in F.A. filed before the Hon’ble State CDR Commission, Odisha, Cuttack as such JDR’s petition may be rejected.
4. Heard the advocates of both parties. After perusal and scrutiny of materials on record it reveals that the said E.A. was arising out of CC No. 78/2014. But in the meantime the Hon’ble State CDR Commission has set-aside the said order passed by this Ld. Forum in CC No. 78/2014 and have remitted back the complaint to this Ld. Forum for disposal. Hence, the E.A.No. 20/2018 arising out of CC No. 78/2014 is dropped.
The order is pronounced on this day of 4th March 2020 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
