Mr. Santanu Mukherjee, Ld. Advocate appears for both the Judgement Debtors. and files two applications, one for permission to surrender of Ms. Dipanwita Samanta and Mr. Vicky Singh and another is for bail. The bail application is registered as MA/04/2022.
On the strength of petition filed by the Ld. Advocate for both the Judgement Debtors are taking into custody and remanded to Jail Custody.
Heard the Ld. Advocate of the Judgement Debtors and also the Ld. Advocate of the Decree Holder on the application for bail of the Judgement Debtors in custody.
It is submitted by the Ld. Advocate appearing for the Judgement Debtors in custody that a sum of Rs. 1,70,000/- has already paid in connection with this case and if the Judgement Debtors will get time for 15 days and they will be able to make payment of the balance amount.
According to him they may be granted interim bail with a view to enable them to go for collection of money.
The move is vehemently opposed by the Ld. Advocate appearing for the Decree Holder It is contended by him that on being chased by Police, the Judgement Debtors have come into Commission’s custody. The claim of the Decree Holder would not be satisfied if they are enlarged on bail.
There is no Provision for no interim bail under the Consume Protection Act. The prayer could have been considered otherwise had Judgement Debtors paid some money, for which the execution case has been filed.
In the absence of the payment being made by the Judgement Debtors prayer of bail stands rejected.
IC of Eco Park Police Station is directed immediately provide to Police Commissionerate to take charge of the Judgement Debtors in custody and to arrange for escorting the Judgement Debtors by vehicle to Dum Dum Correctional Home.
However, Mr. Biswajit Routh and Mr. Sourav Ghosh are reported accompany the Judgement Debtors to Dum Dum Correctional Home in assistance with may be provided by IC on Eco Park Police Station.
Send a copy of this order :-
- The Commissioner, Bidhannagar Police Commissionerate.
- RI, Bidhannagar Police Commissionerate.
- Superintendent of Dumdum Correctional Home.
- IC of Eco Park Police Station.
- The Judgement Debtors.
- The Decree Holder.
Hence the MA being no. 04/2022 is hereby disposed of.
Later,
The payment of Rs. 88,100/- is made by the Judgement Debtors At this stage against receipt granted by the Decree Holder The receipt states that full and final payment of the decreetal amount has been made. Since nothing remains unpaid the order for their detention in Judicial Custody till 21.01.2022 needs to be modified.
They are, under this changed situation, not liable to undergo imprisonment. As such they are set at liberty and released from the custody.
The order passed earlier for taking Judgement Debtors to Correctional Home at Dum Dum and for their imprisonment till 21.01.2022 are hereby withdrawn. This Execution Case, is thus disposed of on full and final satisfaction.
Send a copy of this order :-
- The Commissioner, Bidhannagar Police Commissionerate.
- RI, Bidhannagar Police Commissionerate.
- Superintendent of Dumdum Correctional Home.
- IC of Eco Park Police Station.
- The Judgement Debtors.
- The Decree Holder.
Let plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
