Uttar Pradesh

Agra-I

EX 34/2012

DEEPAK GUPTA - Complainant(s)

Versus

GOPAL PRASAD MATHURIA - Opp.Party(s)

01 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM-I
COURT CLUB, CIVIL COURT COMPOUND
AGRA, UTTAR PRADESH
 
Execution Application No. EX 34/2012
( Date of Filing : 12 Apr 2012 )
In
CCN 150/2008
 
1. DEEPAK GUPTA
S/O LATE MUNNA LAL,14B 42/2 PANCHRATAN HOTEL,SANJAY PLACE,AGRA
...........Appellant(s)
Versus
1. GOPAL PRASAD MATHURIA
3/218 B NAI ABADI,RUI KI MANDI,AGRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. UMESH CHANDRA PANDEY PRESIDENT
 HON'BLE MRS. PRATIBHA TOMAR MEMBER
 
For the Appellant:
For the Respondent:
Dated : 01 Apr 2019
Final Order / Judgement

Case called out. Applicant is present through Counsel. Opposite party is present in person. We have heard both the parties and perused the record of Execution case no.05/2009. It appears from perusal of the aforesaid record that, a sum of Rs.26,690/- was recovered from the applicant Deepak Gupta which was paid to the opposite party (Complainant) Sri. Gopal Prasad Mathuria and the execution case was decided in full satisfaction of the Decree. No objections were filed by the applicant neither after issuance of recovery-certificate nor at the time of payment of money to Sri. Gopal Prasad Mathuria. Recovery-certificate was issued due to non-compliance of order dated 21/11/2008 passed by this Forum. The applicant was required to file his objection in the aforesaid execution proceedings. This Forum has no jurisdiction to reopen the proceedings of execution case no.05/2009. Therefore, in view of the above, the present case is liable to be dismissed. The present case is dismissed accordingly. Let record be consigned.

 
 
[HON'BLE MR. UMESH CHANDRA PANDEY]
PRESIDENT
 
[HON'BLE MRS. PRATIBHA TOMAR]
MEMBER

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