West Bengal

Howrah

MA/56/2018

SMT. BITHIKA DEY, - Complainant(s)

Versus

NVD Solar Limited. - Opp.Party(s)

Amit Pachal

28 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOWRAH
20, Round Tank Lane, Howrah 711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/56/2018
In
Execution Application No. EA/16/33
 
1. SMT. BITHIKA DEY,
W/O Sri Astha Dey, Vill amd P.O. Chengail P.S. Uluberia Dist Howrah
...........Appellant(s)
Versus
1. NVD Solar Limited.
Regional Office at Mankur More Bagnan,Howra 711 303, Head office 24/A Karnani Estate, 209,A.J.C. Bose Road, Kolkata 700 017, Managing Director Viz Shri Saibal Kumar Hazra, Office at 24/A Karnani Estat
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Abdul Kuddus PRESIDENT
 HON'BLE MRS. Smt. Banani Mohanta, Ganguli MEMBER
 HON'BLE MR. Sajal Kanti Jana MEMBER
 
For the Appellant:
For the Respondent:
Dated : 28 Mar 2018
Final Order / Judgement

Order No. 1                                             Date : 28.03.2018.

          Today is fixed for hearing of the petition dated 02.09.2017 filed by JDR/ o.p. nos. 2 & 3.

          Let this application be registered as M.A. 56 of 2018.

          W.O. filed by the Decree Holder. Ld. Advocate for both sides are present. The petition dated 02.09.2017 is taken up for hearing.

          Heard both sides.

          Perused the petition dated 02.09.2017 and the materials on records.

          It appears that this execution case has been filed against this J.DR / o.p. nos. 2 & 3 for execution of award passed in CC no. 306 of 2014 against this JDR / o.p. nos. 2 & 3.

          So, this Forum has got no jurisdiction to go beyond the final order / decree as well as spirit of order passed in CC 306 of 2014 against this JDR / o.p. nos. 2 & 3 and another.

          In view of observation of Hon’ble National Commission reported in 2016(1) CPR page 252 (NC ) that this Forum being executing court cannot go beyond the decree as  well as the spirit of order passed in  CC no. 306 of 2014 against them.

          In view of the circumstances petition filed by JDR / o.p. nos. 2 & 3 for expunging their names from this execution case is liable to be rejected.

          Hence,

                        it is,

                                  O r d e r e d

that the petition dated 03.09.2017 filed by JDR / o.p. nos. 2 & 3 for expunging their names from this case is hereby rejected from this case is hereby rejected on contest but without cost.

Thus this M.A. is disposed of.

 
 
[HON'BLE MR. Abdul Kuddus]
PRESIDENT
 
[HON'BLE MRS. Smt. Banani Mohanta, Ganguli]
MEMBER
 
[HON'BLE MR. Sajal Kanti Jana]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.