No. 2/09.06.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Revision Petitioner through Mrs. Debjani Dasgupta, the Ld. Advocate and O.P. through Miss S. Roychowdhury, the Ld. Advocate are present.  The Ld. Advocate for the O.P. files Vokalatnama.

This revisional application is directed against the order dated 25.02.2011 passed in Execution Case 126 of 2010.  The execution case was initiated on the basis of the award passed in the complaint case No. 244 (S) of 2010 by the District Forum North 24 Pgs at Barasat.  By the said award the complaint case was allowed ex parte against the O.P. with direction upon the said O.P. to pay a sum of Rs.31,900/- with interest @ 8% per annum till its realization from the date of filing of the case along with a direction to pay a sum of Rs.5,000/- and Rs.1,000/- towards cost of litigation.  Although the said order was passed ex parte yet the JDR – O.P. even upon knowledge of the same neither preferred any appeal against the same nor made any application for setting aside the said ex parte order.  At the execution stage it has only been contended on behalf of the JDR – O.P. that the execution case is not maintainable.  Interestingly no reason has been disclosed as to why the same is not maintainable.  By the impugned order the said plea of the JDR – O.P. has been rejected.  Further by the said order the Executing Court has directed the JDR – O.P. to comply with the said award as passed by the Forum below in the above complaint case.  Upon careful consideration of the records of this case as well as the said award as passed in the complaint case we do not find any illegality and/or infirmity in the impugned order as passed by the Executing Court.  The revisional application accordingly fails and the same is, therefore, dismissed.