Order No.:04

Date: 07.01.2016

Record is put up today on prayer of the Jdr./ O.P. The Execution Application was fixed for E/R of W/A on 04.02.2016. Ld. Lawyers of Jdr. and Dhr. are also present.

The Jdr. was directed to pay Rs.2,99,999/- as the IDB amount with Rs.3000/- as compensation and Rs.2000/- as litigation cost, altogether Rs.3,05,000/- to the Dhr. The Total Award will also carry interest @ 9% per annum from the date of final order to the date of realization. Today in the petition filed by O.P./ National Insurance Company with a prayer that O.P. deposited a cheque of Rs.3,21,169/- on Axis Bank following the order in the CC Case being No.19/2014. The interest calculated with the awarded amount till date. Therefore, O.P. prays for passing necessary order for final disposal of this Execution Application and also prays for recalling the order of W/A passed against the O.P.

Perused the case record. Heard Ld. Lawyers of both sides. Perused the cheque bearing No.098168, dated 06.01.2016 of Axis Bank, Raiganj Branch amounting to Rs. 3,21,169/- in favour of Sri Jugal Sarkar, the petitioner/ Dhr. Prayer of the Jdr. is allowed for ends of justice.

Ld. Lawyer for Dhr. also submits by petition that the Dhr./ petitioner, Jugal Sarkar is very much present today to receive the cheque and has no objection if the execution case is disposed of with his full satisfaction. He also files petition for withdrawal of this cheque. Jugal Sarkar also files the Voter Identity Card and PAN Card along with copies in support of his identity.

Heard both sides. Perused all the above. The original Voter ID Card and PAN Card are returned back to the Dhr. after verification with the photocopies of the same. The prayer for withdrawal the above mentioned cheque by the Dhr. is allowed. Accordingly handover the said cheque through proper receipt and on identification by his Lawyer, recall the W/A.

Hence it is, ordered,  

That the case being No. EA-32/2015 is disposed of on full satisfaction.