Record is put up today by filing a put up petition by the D/hr.

J/drs. file a petition praying to recall warrant of arrest and to discharge them from the Execution Appeal case as they have already complied the order of this Forum.

D/hr. files a joint petition along with a letter of settlement in between the parties and money receipt.

In the joint petition the D/hr. and J/drs. averred that they agreed to settle the dispute at Rs. 3,50,000/- with full and final satisfaction and also averred in para no. 6 that opposite party/ J/drs. already paid an amount of Rs. 1,84,000/- on 1.4.2020 to the complainant/ D/hr. by three demand draft specified in the para. In para no. 7 opposite party/ J/drs. to be paid Rs. 1,66,000/- to the complainant/ D/hr. by three bank drafts specified in the petition and Rs. 50,000/- in cash before this Forum. After getting the agreed amount of Rs. 3,50,000/- in total the D/hr. submits that he received the amount from the J/drs. on full and final satisfaction and there is no further claim and D/hr. has no objection if the warrant be recalled against  the J/drs. and the execution case be disposed of accordingly. In the prayer portion it is prayed to dispose the execution case on full and final satisfaction and J/drs. may be discharged from the execution case.

J/dr. no. 1 appears in person and files Xerox copy of voter identity card, J/dr. no. 2 is seriously ill. So, he produced the Xerox copy of prescription and identity card by his ld. Advocate. J/dr. no. 3 also present in person and files Xerox copy of Aadhar card being identified.

It appears from the case record that the complainant namely, Subrata Biswas filed the C.C. case being no. 227 of 2015 against the three opposite parties/ J/drs. After hearing the both parties this Forum allowed the complaint case against the opposite party no. 1, Construction company represented by a) Rajendra Saha, b) Sumit Sur, c) Rajesh Kumar Shaw of post and p.s. Chandannagore vide order dt. 10.1.2018 with a litigation cost of Rs. 10,000/-, and to return sum of Rs. 2,50,000/- along with interest @ 10% from 6.5.2006 till realization. The J/drs. filed an appeal before the Hon’ble State Commission being FA no. A/856/2018 challenging the order of this Forum dt. 10.1.2018 and the case record speaks that final hearing of said appeal has been fixed on 4.6.2020. Record also speaks that this Forum vide its order dt. 3.3.2020 issued warrant against the J/drs. as the J/drs. failed to procure the stay order of upper Forum and fix 27.4.2020 for E/R of W/A. Due to COVID 19 this Forum started its functioning after a prolonged period and no E/R of W/A received from concerned police station. In this scenario ld. Advocates of both sides appeared before this Forum and files petitions stated above. Ld. Advocate of D/hr. submits that the D/hr. received the agreed amount from the J/dr. on full and final satisfaction and he has no further claim from the J/drs. So, this Forum may pass an order to dispose of the execution case being settled on full and final satisfaction. And also prayed to recall W/A against the J/drs. as the J/drs. complied the order of this Forum by paying the agreed amount.

Ld. Advocate on behalf of the J/drs. submitted that J/drs. complied the order of this forum by paying the decreetal amount along with interest and litigation cost and the D/hr. received the said amount  on full and final satisfaction. So, the J/drs. may be discharged from the execution case. Ld. Advocate of J/drs. also submits that they preferred an appeal before the Hon’ble State Commission immediately after passing the final order. And the said appeal is pending before the Hon’ble State Commission. So, there is no delay in complying the order of this Forum. They have settled the dispute out of court/ Forum as such the delay cost is not applicable in this case.

D/hr. admits in the open Forum that he received the total amount as per the compromise petition without coercion and undue influence. 

After hearing the Advocates of both sides, perusing the petitions and the case record this Forum is in the opinion that J/drs. complied the order of this Forum and the D/hr. received the same on full and final satisfaction and D/hr. has no further claim. In respect of delay cost the submission of the ld. Advocate of the J/drs. has sufficient merit. So, it is waived as the dispute has been settled amicably without the intervention of this Forum. So, we have no hesitation to drop the execution case.

The warrant sent on 11.3.2020 against the J/dr. no. 1 (a), (b) and (c) be recalled at once from the Chandannagore Police Station.

Hence ordered that the execution case being no. 26 of 2018 arising out of C.C. case no. 227 of 2015 be and the same is disposed of on full and final satisfaction. The J/drs. namely, a) Rajendra Saha, s/o Jahar Saha, b) Sumit Sur, s/o Late Kamalendu sur, and c) Rajesh Kumar Shaw, s/o Sri Jamuna Prasad Shaw all of Chandannagore P.S. be discharged from this execution case.