This record is put up by the Jdr namely Sovan Chatterjee by way of filing Miscellaneous Application being no. MA/01/2022. This order is arising out of the said MA.
In the Miscellaneous Application filed on behalf of the Jdr. namely Sovan Chatterjee, it is submitted through his Ld. Counsel that the Jdr. is in Jail Custody since 31.12.2021. On the said date he was produced before this Ld. Executing Commission in the strength of warrant of arrest due to non-compliance of the order passed by the Ld. Executing Commission, Rajarhat, New Town. By filing this application it is submitted that the Jdr. Namely Sovan Chatterjee is inclined to comply with the order under execution in full by making payment of the entire decreetal amount through Demand Draft issued in favour of the Dhr. it is submitted by the Jdr. that if this Miscellaneous Application is not allowed, he will suffer irreparable loss and injury and also prays for releasing the Jdr. from the Jail Custody after making payment of the entire decreetal amount in view of the order under execution .
It is seen by us that on 16.03.2020 this Ld. Commission was pleased to pass Final Order/Judgement in the CC/100/2019 directing the Op 1, 2 and 3 (Jdr. 1, 2 and 3) to hand over the peaceful vacant physical possession of the garage space along with sale deed to the complainant (Dhr.) within 45 days from the date of passing of this Judgment. The said Jdrs. (Ops) were also directed to hand over the completion certificate of the questioned building to the complainant (Dhrs.) within the specified date, in default the Op 2 and 3 (Jdr. 2 and 3) shall refund of the amount as paid by the complainant (Dhr.) to the tune of Rs. 4,00,000/- along with interest in the form of compensation @ of 12% per annum from the date of making payment of the amount till its entire realization in default the interest in the form of compensation shall carry interest @ of 14% per annum instead of 12% per annum. The Op 2 and 3 (Jdr. 2 and 3) were also directed to pay Rs. 10,000/- to the complainant (Dhr.) as litigation cost within 45 days from the date of passing the Judgment, failing which the complainant (Dhr.) was given liberty to put the entire order under execution as per Provision of Law.
After elapsed of the statutory period, the Dhr has filed the instant execution application being no. EA 08/2020 praying for direction upon the Jdrs to comply with the order under execution.
Today the Jdr namely Sovan Chatterjee is paying two Demand Drafts in favour of the Dhr amounting to Rs. 4,66,000/- bearing no. 070246 dt. 01.01.2022 drawn on SBI, Purba Sinthee Branch and another Demand Draft amounting to Rs. 88,900/- bearing no. 070247 dt. 03.01.2022 drawn on SBI, Purba Sinthee Branch.
In this manner the Jdr is paying a sum of Rs. 5,54,667/-, which denotes that the Jdr Mr. Sovan Chatterjee has been complied with the order under execution in full by making payment of the said amount in favour of the Dhr as per order passed by this Ld. Commission in the Case of CC 100/2019.
In view of such payment and compliance of the order under execution, the Jdr Mr. Sovan Chatterjee is hereby released from the Jail Custody of Dumdum Correctional Home.
The Superintendent of Dumdum Correctional Home is requested to take necessary action to this effect, so that Mr. Sovan Chatterjee will get release from the Jail Custody without any delay.
In connection with this Case Mr. Biswajit Routh of this Commission is directed to accompany. The Jdr is directed to co-operate with Mr. Biswajit Routh.
As the Dhr is not present today, let the Demand Drafts be kept under the safe custody of this Ld. Commission i.e. with the Registrar-in-Charge.
Send a copy of this order to:-
- Commissioner, Bidhannagar Police Commissionerate.
- RI, Bidhannagar Police Commissionerate.
- Superintendent of Dumdum Correctional Home.
- IC of Eco Park Police Station.
- The Jdr.
Hence the MA being no. 01/2022 is hereby disposed of and accordingly the Execution Application being no. EA 08/2020 is also dropped with full and final satisfaction.
Let plain copy be given to the parties free of cost, as per CPR.
Dictated and corrected by
[HON'BLE MRS. Silpi Majumder]
PRESIDING MEMBER
