West Bengal

Rajarhat

RA/3/2022

Dr. Sukanta Mukherjee S/O Late Harinarayan Mukherjee - Complainant(s)

Versus

Sri Arnab Seth S/o Late Arun Seth ( Partners of M/s. Allied Construction) - Opp.Party(s)

03 Jun 2022

ORDER

Additional Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Review Application No. RA/3/2022
( Date of Filing : 25 May 2022 )
In
Execution Application No. EA/20/2022
 
1. Dr. Sukanta Mukherjee S/O Late Harinarayan Mukherjee
Residing At-Subho Apartment,DD-58/1,Narayantala(East), P.O-Awsininagar, P.S-Baguihati, Dist- North 24 Parganas, Kolkata-700159.
...........Appellant(s)
Versus
1. Sri Arnab Seth S/o Late Arun Seth ( Partners of M/s. Allied Construction)
67/47,Strand Road,P.S-Strand Road, Kolkata-700007
2. Sri Kaushik Saha S/o Badri Narayan Saha ( Partners of M/s. Allied Construction)
36/1, Maharaja Nanda Kumar Road(South), P.S- Baranagar, Kolkata-700036
3. Sri Subinoy Chowdhary S/o Late Nirmal Chowdhary ( Partners of M/s. Allied Construction)
327/2, Maharaja Nanda Kumar Road( South), P.S- Baranagar, Kolkata-700036
4. Sri Partha Sarathi Maitra S/o Late Nitai Chandra Maitra ( Partners of M/s. Allied Construction)
326, Maharaja Nanda Kumar Road (South) P.S- Baranagar, Kolkata-700036
5. Sri Biswajit Ghosh S/o Jayanta Kumar Ghosh ( Partners of M/s. Allied Construction)
60, Nainan Para Lane, P.S- Baranagar, Kolkata-700036.
6. Smt. Arpita Banerjee D/o Late Aloke Banerjee ,(Land Owner)
Residing at Dream Tower, 23 B.K Moitra Road, P.O and P.S- Baranagar, Kolkata-700036.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 HON'BLE MR. Partha Kumar Basu MEMBER
 
PRESENT:
 
Dated : 03 Jun 2022
Final Order / Judgement

Order No.

The instant review application has been filed for correction of cause title of the judgment passed in CC/237/2020 with the averment that instead of ‘Sobho’ as appearing in the cause title of the judgment ‘Subho Apartment’ should be mentioned. After hearing of the Ld. Advocate and perusing material available on this record and also on the record of EA 20/2022 (which is also fixed for hearing today) we find that in the cause title of the petition of complaint from which CC/237/2020 it has arisen Subho apartment was written. But in the cause title of the judgment in CC/237/2020 ‘Sobho’ was inadvertently mentioned. It is submitted by the Ld. Advocate that due to such mistake appearing in the cause title of the judgment put into execution the matter related to execution of the said judgment has become very much difficult.

The mistake which has crept in the cause title of the judgment passed in CC/237/2020 appear to be clerical one and that should be rectified by exercising the power conferred upon this Commission u/s 40 of the CP Act. Therefore, the review application calls for action. The judgment put into execution in EA/20/2022 be corrected and the corrected copies of judgment be given to the parties. A corrected copy of judgment will also find place in the record of execution case no. EA/20/2022 and another copy will find place in CC/237/2020.

A copy of this order will also be made part of the record of CC/237/2020 as well as EA/20/2022.

The review application is thus disposed of.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 
 
[HON'BLE MR. Partha Kumar Basu]
MEMBER
 

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