E.A. No. 99 of 2015
Virender Singh Vs International Tractor
Present: Sh. Satender Ghangas, Advocate for DH.
Sh. S.K. Mehta, Advocate for JD.
Arguments heard. This execution was filed by the DH, on the basis of the order dated 19.12.2014 passed by this District Forum in this case in the prior execution No. 472 of 28.07.2010. Vide order dated 19.12.2014 the said execution of the DH was disposed of being fully satisfied. The DH has taken the plea that the Executing Court has extended the warranty in the said order. The counsel for the JD controverted the contention of the counsel for the DH. He submitted that the Executing Court/Forum cannot go behind the decree. Moreover, the Executing District Forum cannot modify the order dated 12.11.2014 passed by the Hon’ble National Commission in this case. He referred the following judgments in support of his contention:-
I Shyam Singh Rana Vs. Mahindra & Mahindra Ltd. & Anr. IV (2010) CPJ 148 (NC).
II Jugmandar Dass Bansal Vs. Tapoban Housing Finance Ltd. & Ors. IV (2010) CPJ 174 (NC).
III Hemant Kumar Vs. U.P. Avas Exam Vikas Parishad 2010 (1) CPC 626 of Hon’ble State Commission, Uttar Pradesh Lucknow.
After considering the relevant materials and the orders passed in this case, we are of the view that the award passed in this case has been fully satisfied and the previous execution No. 472 of 2010 has been disposed of as fully satisfied vide order dated 19.12.2014 passed by this District Forum. Resultantly, the present execution of the DH is not maintainable and the same is hereby dismissed with no order as to costs. File be consigned to the record room.
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
02.11.2016.
Member Member
