| Execution Application No. EA/11/78 | | ( Date of Filing : 15 Nov 2011 ) | | In | | Complaint Case No. CC/10/132 |
| | | | 1. Ashok Kumar Agrawal and another | | S/o Sri Hari Prasad Agarwal, 28B, Row Land Road, Flat No. 35, 7th Floor, Kolkata-700020. | | Kolkata | | WB | | 2. Smt. Sushila Devi Agrawal | | W/o Sri Ashok Kumar Agrawal, 28B, Row Land Road, Flat No. 35, 7th Floor, Kolkata-700020. |
| ...........Appellant(s) | |
| Versus | | 1. Gainwell Enterprise Pvt. Ltd. and 4 others | | Gainwell Manor, 11B, Dr. Rajendra Road, Kolkata-700020. | | Kolkata | | WB | | 2. Sri Manoj Shroff | | Working for gain at Gainwell Enterprise Pvt. Ltd., 93/94, Karaya Road, 2nd Floor, Kolkata - 700019. | | 3. Sri Mandip Singh | | 93/94, Karaya Road, 2nd Floor, Kolkata - 700019. | | 4. Ms. Sima Ahmed | | 93/94, Karaya Road, 2nd Floor, Kolkata - 700019. | | 5. Club M Holidays | | Represented by Ms. Mandira Kapoor, Mr. Vivek Vijay Verji, Mr. Soumavo Daw, 93/94, Karaya Road, 2nd Floor, Kolkata - 700019. |
| ...........Respondent(s) |
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| Final Order / Judgement | Order No. 26 13/12/2022 Record is put up today. Neither the Decree holder nor the Judgement/debtor have been taken any steps in the Execution Case since January,2016. It appears that the instant Execution Case is filed in connection with CC/132/2010. It further appears that CC/132/2010 was disposed of ex-parte by the Commission on 20/05/2011. Being aggrieved the opposite parties preferred FA/466/2011 before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal. On 05/02/2020 the Hon’ble State Consumer Disputes Redressal Commission, West Bengal disposed of FA/466/2011 by setting aside the final order/judgement passed in CC/132/2010 with a finding that there was no deficiency in service on the part of the appellants. In view of the above, the instant Execution Case has become infractuous. Hence, it is O R D E R E D that the Execution Case be and the same is dismissed in limini without cost. | |
