ORDER NO. 15 DT. 14.9.11

HON'BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

This Revisional Application has been directed against the order dt. 3.5.10 passed by the Executing Forum at Jalpaiguri in E.A. No. 2009/04 whereby a non-bailable warrant of arrest has been issued against the JDr.  It appears from the materials on record that soon after the complaint case was disposed of the JDr preferred an Appeal before this State Commission for which the said order of disposal of the complaint case was not complied with.  Regard being had to the fact that the said Appeal has already been concluded for hearing and has been reserved for judgement we recall the impugned order issuing non-bailable warrant of arrest against the JDr.  The Revisional Application is thus allowed.  However, the DHr will be at liberty to proceed with the aforesaid Execution Case in the event of failure of the Appellant in the Appeal preferred against the order of disposal of the complaint case.