West Bengal

Bankura

EA/7/2018

Sri Sitangshu Sekhar Kundu - Complainant(s)

Versus

Mr. Swapan Chakraborty, Director. - Opp.Party(s)

04 Mar 2020

ORDER

BANKURA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KUCHKUCHIA ROAD, SUREKA BHAWAN
BANKURA-722 101,
WEST BENGAL
OFFICE-03242-255792
 
Execution Application No. EA/7/2018
( Date of Filing : 31 Oct 2018 )
In
Complaint Case No. CC/124/2015
 
1. Sri Sitangshu Sekhar Kundu
C/o- Friends Residency, Flat No A/410, Satighat, P.O-Kesiakole, P.S-Kesiakole, Dist-Bankura
Bankura
West Bengal
...........Appellant(s)
Versus
1. Mr. Swapan Chakraborty, Director.
7 A, Bentinck Street, 1 st Floor Room No 110/1, Old Building, Kolkata-1
Bankura
West Bengal
2. Mr. Ajay Kumar Agarwal, Director and Developers of N.S. Towers Pvt. Ltd.
7A, Bentink Street, 1st Floor, Room No. 110/1, Old Building, Kolkata- 700001
Kolkata
West Bengal
3. Mr. Ajay Kumar Roy, Manager of N.S. Tower (P), Ltd.
Satighat(Flat) PO-Kesiakole
Bankura
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Jayanta Chakraborty PRESIDENT
 HON'BLE MS. Rina Mukherjee MEMBER
 HON'BLE MR. Shri Sudhakar Ghosh MEMBER
 
For the Appellant:
For the Respondent:
Dated : 04 Mar 2020
Final Order / Judgement

Order No.09.                                                                            

Dt.04/03/2020.

The record is put up today for further hearing.

None appears on behalf of the Dhr or Jdr.

It appears from the record that the judgement passed on 31/07/2018 in connection with the Complainant Case No. 124/2015 has been set aside by the Hon’ble State Commission vide order dated 13/06/2019. It further appears that the complainant files this case for execution of the judgement dated 31/07/2018 passed in connection with the Complainant Case No. 124/2015. In view of the order of Hon’ble State Commission dated 13/06/2019 the judgement passed by this Forum dated 31/07/2018 is non-est. Therefore, the complainant is required to take fresh steps with regard to the Complainant Case No. 124/2015. As such this Execution Case cannot be proceeded now to execute the judgement passed on 31/07/2018 in connection with the Complainant Case No. 124/2015. So the present Execution Case, being No.07/2018 has now become infructuous and there is no scope to proceed with this case any further. As such this Execution Case No.07/2018 is hereby dismissed with a direction upon the Dhr / Complainant to take fresh steps, if any, in the Complainant Case No. 124/2015.

Inform both the Jdr / Complainant and Jdr / O.P.

 
 
[HON'BLE MR. JUSTICE Jayanta Chakraborty]
PRESIDENT
 
 
[HON'BLE MS. Rina Mukherjee]
MEMBER
 
 
[HON'BLE MR. Shri Sudhakar Ghosh]
MEMBER
 

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