West Bengal

Uttar Dinajpur

EA/13/18

Arghya Mukherjee - Complainant(s)

Versus

Pan Polychem and Herbo Products - Opp.Party(s)

chandan Sarkar

06 Oct 2015

ORDER

Before the Honorable
Uttar Dinajpur Consumer Disputes Redressal Forum
Super Market Complex, Block 1 , 1st Floor.
 
Execution Application No. EA/13/18
In
Complaint Case No. CC/10/82
 
1. Arghya Mukherjee
Bidhan Pally,P.O-Dalkhola P.S- Karandighi Karandighi
Uttar Dinajpur
West Bengal
...........Appellant(s)
Versus
1. Pan Polychem and Herbo Products
24/1,Gareh 1st Lane ,Ground Floor,Kolkata- 700019
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Jayanti Maitra Ray PRESIDENT
 HON'BLE MS. Swapna Kar Member
 HON'BLE MR. Pulak Kumar Singha Member
 
For the Appellant:
For the Respondent:
ORDER

Today is fixed for filing amendment petition by the DHR, but the DHR did not take any step in regard to filing amendment petition.

 

The DHR files this execution case U/s 27 of the C. P. Act, 1986 on 17.12.2013. In this case Forum cannot proceed or pass any order in regard to issue warrant of arrest against JDR if there is no address of police station is mentioned along with the address of JDR in whose jurisdiction JDR resides.

 

Record shows the DHR by filing a petition dated 05.08.2015, prayed for time for filing amendment petition for inserting the name and address of Police Station, under whose jurisdiction JDR resides. The said petition was allowed for the ends of justice and was directed DHR to file amendment petition as a last chance i.d. the execution petition will be rejected and the date fixed on 30.09.2015. On 30.09.2015 the DHR only files hazira through his Ld. Lawyer, but did not file any amendment petition as per order dated 05.08.2015 and also not taken any step for compliance of order dated 05.08.2015. Further it reveals from the record that this execution petition has been filed by the DHR about two years back and since then the DHR was taking step only by filing hazira without going through the record. Such conduct of DHR shows that DHR has lost his interest in this case.

 

Under such circumstances we have no alternative, but to reject the execution application.

 

Hence it is

ORDERED

That the case being No.EA-18/2013 be and the same is rejected without cost.

 
 
[HON'BLE MRS. Jayanti Maitra Ray]
PRESIDENT
 
[HON'BLE MS. Swapna Kar]
Member
 
[HON'BLE MR. Pulak Kumar Singha]
Member

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