Circuit Bench Asansol

StateCommission

IA/38/2022

Sahara Credit Co-operative Society Limited - Complainant(s)

Versus

Karikottu Philips John - Opp.Party(s)

Prosenjit Mukherjee

23 Sep 2022

ORDER

ASANSOL CIRCUIT BENCH
of
WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KSTP COMMUNITY HALL , DAKSHIN DHADKA
ASANSOL, PASCHIM BURDWAN - 713302
 
Interlocutory Application No. IA/38/2022
( Date of Filing : 22 Sep 2022 )
In
Appeal Execution Application No. AEA/2/2022
(Arisen out of Order Dated 04/07/2022 in Case No. EA/28/2019 of District Purulia)
 
1. Sahara Credit Co-operative Society Limited
Represented by Sector Head/Sector Manager, Sahara Credit Cooperative Society Limited, Purulia Sector, P.O. Dulmi Nadiha, P.S. Purulia, Dist. Purulia, PIN 723102
...........Appellant(s)
Versus
1. Karikottu Philips John
S/O Late Karikottu Oommen Philips, R/O Bethal Niwas, Chandikar Lane, Near Kali Mandir, Ward No. 12, Dist. Purulia, West Bengal, PIN 713101
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. KAMAL DE PRESIDING MEMBER
 HON'BLE MR. ASHIS KUMAR BASU MEMBER
 
PRESENT:Prosenjit Mukherjee, Advocate for the Appellant 1
 
none
 ......for the Respondent
Dated : 23 Sep 2022
Final Order / Judgement

HON'BLE MR. KAMAL DE, PRESIDING MEMBER 

Order No.: 1

JDR/appellant is present through Ld. Lawyer.

Ld. Lawyer for the JDR moves an application for stay of the impugned order dated 27.06.2022 passed in EA/28/2019 by the Ld. DCDRC, Purulia.

In filing the application, it is alleged that the decree holder filed an EA case which was registered as EA/28/2019, in the commission below.

It is alleged that the Ld. Commission below was pleased to pass an order issuing a non-bailable arrest warrant on 04.07.2022 and the impugned order is not proper and has not been passed in accordance with the law and the impugned order is bad in law also and the impugned order may be stayed till the disposal of the execution Appeal.

Heard Ld. Lawyer. Considered.

Perused the application U/Sec. 73 of the C.P. act 2019 along with application for stay. Perused the other materials on record.

Let all further proceedings in Execution case being No. EA 28/2019 be stayed subject to deposit of 50% of the total decretal amount along with up to date interest within 3 weeks from the date of this order, in default, the order of stay shall stand automatically vacated.

Let a copy of this order be sent to the Ld. Commission below at once.  

The instant IA case being No. IA/38/2022 is thus disposed off accordingly. 

 
 
[HON'BLE MR. KAMAL DE]
PRESIDING MEMBER
 
 
[HON'BLE MR. ASHIS KUMAR BASU]
MEMBER
 

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