STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
RC No. 131 of 2009
1. National Insurance Co. Ltd.Division XI, 19, R. N. Mukherjee Road. Kolkata-700001.2. The Manager, The National Insurance Company Ltd. 3, Middleton Street, Kolkata- 71.
...........Appellant(s)
Vs.
1. Mrs. Bratati Sammadar alias Dutta.W/O Sri Biswajit Sammadar and D/O Sri Rama prasad Sengupta, P/84, Block-B, Lake Town, Rimjhim Apartment, Flat No. 11, 4th floor, Kolkata-700089. PS. Lake Town. Dist. North 24-Parganas and Presently at C/O Sri Rama Prasad Sengupta, Ram Krishna Pally, Sonarpur, 24-Parganas (S), Kolkata- 150.2. Sri Rama Prasad Sengupta.S/O Late Deba Prasad Sengupta, Ram Krishna Pally, Sonarpur, 24-Parganas (S) Kolkata- 700150.3. Standard Chartered Bank. (erstwhile ANZ Grindlays Bank).19, Netaji Subash Bose Road. Kolkata- 700001.4. The Branch Manager, Shyambazar Branch. Standard Chartered Bank (erstwhile ANZ Grindlays Bank), 139/C, Bidhan Sarani, Kolkata- 700004.5. Medicare Service Club, Flat No. 2, Paul Mansions, 6B, Bishop Lefroy Road. Kolkata- 20.6. Regional Manager, New India Assurance Co. Ltd.4, Mango Lane, 2nd floor, Kolkata- 700001.
...........Respondent(s)
For the Appellant :
Mr. A. K. Bandhopadhyay., Advocate for
For the Respondent :
Dated : 17 Dec 2009
ORDER
No. 1/17.12.2009.
HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.
Heard Mr. A. K. Bandhopadhyay, the Ld. Advocate for the Revision Petitioner in support of the revision.The subject matter of challenge in the present revision is order dated 23.11.2009 passed by the Forum below.It appears that the proceeding of the complaint case before the Forum was decided by final judgement dated 30.06.2009 whereby complaint was allowed and directions were given.Revisionist filed an application before the Forum below in the execution case and asked for stay of the execution proceeding stating that the JDR intended to prefer an appeal against the final judgement of the Forum.The impugned order has been passed granting liberty to the Revisionist to bring stay order from the State Commission.We have considered materials on record and we are convinced that the impugned order does not suffer from any irregularity as in execution case no stay order need be passed only on the contention that final judgement was intended to be challenged before the superior forum.in the circumstances we do not find any irregularity in the impugned order far less any jurisdictional error.In the circumstances we are unable to interfere with the impugned order.
Mr. Bandhopadhyay, the Ld. Advocate advanced contention on merit of the proceeding which we are unable to consider at this stage in the present revision keeping in mind the scope of the revision petition and the scope of the challenge as made in the revision petition.Accordingly the revision petition is dismissed.We make it clear that we have not decided any of the contention on merit of final judgement and the petitioner is entitled to prefer an appeal if it is otherwise maintainable.
MR. A K RAY, Member
HON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENT
MRS. SILPI MAJUMDER, Member
Consumer Court Lawyer
Best Law Firm for all your Consumer Court related cases.
