Order No.2                      

Ld. Advocate for the Decree holder /petitioner is present.

Ld. Advocate for the Judgement debtor nos.1,3 and 4 is present and submits that the Judgement debtors being aggrieved with the order passed by the Hon’ble SCDRC, West Bengal have preferred RP/1852/2023 before the Hon’ble NCDRC, New Delhi, which is pending and prays for adjournment.

Heard both side.

Ld. Advocate for the Judgement  debtors candidly disclosed that till date no order for stay has been passed by the Hon’ble NCDRC, New Delhi in respect of the execution case.

In view of the above, prayer for adjournment stands rejected.

The Misc. Application dated 03/07/2023 is taken up for hearing. Copy already served upon the Judgement debtor nos. 1, 3 and 4.

It further appears from the record that regarding execution case Judgement debtor no.2 had died.

Perused. Considered.

Heard both side.

Ld. Advocate for the Decree holder /petitioner submits that in spite of final order/judgement passed in CC/347/2017 the Judgement debtors are not complying the same. Decree holder desires to take proper steps under order XXI of the CPC. As such, the Judgement debtors are required to declare their assets on affidavit.

In view of Section 106 of the Evidence Act, the Judgement debtors are the best persons to declare their assets on affidavit, as they are liable to comply the final order/judgement passed in CC/347/2017. Till date no order of stay has been passed by the Appellate Commission in respect of the execution case.

Therefore, Misc. Application dated 03/07/2023 filed by the Decree holder / petitioner is allowed on contest but without cost.

Judgement debtor nos.1, 3 and 4 are directed to declare their assets on affidavit in EA/133/2019 on 21/09/2023.

Thus the Misc. Application dated 03/07/2023 stands disposed of.