ORDER NO. 11 DT. 25.3.2011

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Revisionist is present through Mr. N.R.Mukherjee, Ld. Advocate. 

This Revision case arises out of orders dt. 5.3.10, 24.3.10, 7.4.10, 7.4.10, 22.4.10 and 7.5.10 passed in Execution Case No. 9 of 2009 by the Executing Forum at Jalpaiguri.  The said execution proceeding has been initiated by the Complainant/OP pursuant to the judgement and order dt. 13.8.08 passed by the Jalpaiguri District Forum in CF Case No. 4 of 2008.  Against the said judgement the Petitioner/Insurer had preferred an Appeal being FA/355/2010, which has been disposed of by modifying the said impugned judgement and order dt. 13.8.08. The District Forum disposed of the complaint case by directing the complainant to submit the claim form to the Insurer, who, in turn, was directed to settle the claim within a period of two months thereafter, in default of which it was held that the complainant will be entitled to Rs. 2,16,000/- from the OP.  The Appeal against the above order has been disposed of by permitting the insurer to settle the claim now that has been made by the complainant.  In view of the said judgement made therein the execution case cannot proceed any further.  The Revisional Application is thus allowed by quashing the proceeding relating to the aforesaid Execution Case being EA No. 9 of 2009. 

This order be communicated to the complainant/OP by the office of this Commission forthwith.