Date of filing: 22.01.2015 Date of disposal: 24.01.2019
Complainant/Dhr: Sk. Nazir Ahmed, S/o. Abdur Razzak, Village: Jharul, Post Office: Mahata, Police Station: Bhatar, District: Burdwan.
Opposite Party/Jdr: 1. Senior Superintendent of Post Offices, Burdwan Division, Burdwan – 713 101.
2. Sub Post Master, Guskara S.O., Pin – 713 128.
3. Sub Post Master, Deuradanga Sub Post Office, Pin – 713 128.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Hon’ble Member: Smt. Nivedita Ghosh.
Appeared for the Complainant/Dhr: Ld. Advocate, Sudipta Roy.
Appeared for the Opposite Party/Jdr (s): Ld. Advocate, Murari Mohan Kumar.
Order No. 27, Dated: 24.01.2019
Today is fixed for showing cause by the Dhr as to why the case shall not be dismissed against him.
Jdr files hazira through the ld. Advocate. No step taken by the Dhr. None appears on behalf of the Dhr during its call. No show cause is filed on behalf of the Dhr.
It is evident from the case record that the record was placed before the Lok Adalat held on 14.07.2018 for its disposal. Though both the ld. Counsels for the parties were present before the Lok Adalat, the case was not settled as the ld. Counsels submitted that more time is required for settlement of this case. Therefore, the record was returned back before the Ld. Forum.
Thereafter three dates elapsed but the Dhr did not take any step and today is also found absent on call and no show cause is filed on his behalf.
It is also evident from the case record vide Order No. 18, dated 05.04.2018 that the Dhr received two cheques bearing Nos. 040478, dated 23.03.2018 and 040888, dated 31.03.2018 amounting to Rs. 2,64,592=00 & Rs. 1,16,406=00 respectively on 05.04.2018 deposited by the Jdr before this Forum.
We are of the opinion that the Dhr has been satisfied with the amount received through the abovementioned two cheques and is not willing to proceed with the present Execution Application further and therefore he is not taking any step on his behalf. Hence, the Execution Application should be dismissed for default due to non-prosecution.
Accordingly, it is
O r d e r e d
that the present Execution Application being No. 03/2015 be and the same is dismissed for default against the Jdrs due to non-prosecution without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Nivedita Ghosh) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
