08-01-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet.
Heard Mr. Sanjay Prasad, learned counsel appearing for the appellant in presence of the appellant and her husband and also Mr. Bibhash Sinha, learned counsel appearing for the respondent.
2. This appeal has been filed against the order dated 9.10.2012 passed by learned District Forum, Dhanbad in Execution Case No. 23/12, holding that the Jt. Dr./respondent has complied the order dated 26th December, 2011 passed by this Forum in F.A. No. 248/2010 as far as possible; and giving liberty to the Dr. Hr./Appellant to move competent Criminal Court in accordance with law.
3. Mr. Sanjay Prasad submitted that prior to passing of the impugned order, the execution case was taken up on 28.9.2012, on which date both the parties appeared and an objection was filed on behalf on behalf of the Dr. Hr./Appellant to the purported compliance report filed on behalf of the Jt. Dr./ respondent but on the next date when the Dr. Hr./Appellant could not appear due to local Bandh, the said impugned order was passed without giving opportunity of hearing to her. The copy of the petition filed on behalf of the Jt. Dr. on 9.10.2012 was also not served on the Dr. Hr. In the circumstances the learned Executing Court should have fixed the next date for hearing.
4. Mr. Bibhash Sinha, learned counsel appearing for the Jt. Dr./respondent supported the impugned order. He submitted that the Executing Court considered the objection filed by the Dr. Hr./appellant while passing the impugned order.
5. It appears from the order dated 28.9.2012 passed in the said Execution Case that both the parties appeared and an objection was filed on behalf of the Dr. Hr./Appellant and the case was fixed on 9.10.2012. On 9.10.12 the Dr.Hr./ Appellant did not appear. The counsel for Jt. Dr. appeared and filed petition for closing the execution case, without serving a copy on the Dr. Hr.
6. The learned Executing Forum should have given opportunity of hearing to the Dr. Hr.
7. In the circumstances the impugned order is set aside and the matter is remitted back to the learned Executing Forum.
8. Mrs. Pushpa Singh submitted that she has now obtained the certified copy of the petition filed by the Jt.Dr./Respondent on 9.10.2012. Accordingly the Dr.Hr./ Appellant will file reply to the said petition if any within two weeks.
9. The parties will appear before the Executing Forum at 11 a.m. on 18.2.2015. The learned Executing Court will proceed in accordance with law. The parties are directed to cooperate in early disposal of the matter.
10. It is made clear that this Forum has not gone into the merits of the respective cases of the parties.
With these observations and directions, this appeal stands disposed off.
Issue free copy of this order to all concerned for information and needful.
Ranchi,
Dated:-08-01-2015
