Order No.5   date: 26-05-2015

Ld. Advocates for the Appellants and the Respondent No. 1 are present.  The appeal is taken up for hearing.

Ld. Advocate for the Appellant submits that at the very initial stage of the execution proceedings, WA against the Appellant has been made, which is bad in law, and also there is non-compliance of the order passed in the concerned C.C. No. 227/2012, as passed by the Ld. District Forum, 24 Parganas (N) by the Respondent No. 1/Complainant.  So, this order has been made without any application of mind and against the backdrop, when due formalities have not been duly complied with by the Respondent No. 1/Complainant himself as per the final order in the original case.  He also  makes out that to effect electric connection, free access is required as well as police help in case of disturbance by any obstructionists. So, this appeal.

Ld. Advocate for the Respondent No. 2, however, submits that there is no force and merit in the present appeal against the issuance of WA, as already the Appellant took bail in the execution case and the same is fixed for compliance by the Appellant.

As the Appellant has already appeared and surrendered before the Ld. District Forum in the execution case, there is nothing to agitate on this point in this appeal.  Only question remains is compliance of the order passed by the Ld. District Forum, 24 Parganas (N) in C.C. No. 227/2012, for which if the Appellant requires to take police help, there is no bar in it.  Accordingly, with such observation, the appeal is disposed of.