West Bengal

Rajarhat

MA/62/2023

SRI KARTICK PATRA S/O Sudarshan Patra Partners Of M/S Souvik Construction - Complainant(s)

Versus

Sri Ashok Srivastav-Chanchal Srivastav S/o Late R.N Srivastava - Opp.Party(s)

20 Feb 2023

ORDER

Additional District 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
 
Miscellaneous Application No. MA/62/2023
( Date of Filing : 13 Feb 2023 )
In
Execution Application No. EA/11/2022
 
1. SRI KARTICK PATRA S/O Sudarshan Patra Partners Of M/S Souvik Construction
SDF
...........Appellant(s)
Versus
1. Sri Ashok Srivastav-Chanchal Srivastav S/o Late R.N Srivastava
VBNB
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Partha Kumar Basu PRESIDING MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 20 Feb 2023
Final Order / Judgement

Ld. Advocate of Dhr is present. So are the Ld. Advocate of Jdr no. 1 to 4 and Ld. Advocate of Jdr no. 5 to 7.

Today E/R is also filed by Mr. Ranjit Kumar Das, Constable (No. 1027), BidhannagarCommissionerate in respect of W/A issued against Jdr no. 6 namely Shri Kartick Patra.

No E/R in respect of balance Jdrsfiled today.

Ld. Advocate of the Jdr no. 7 files an Order being no. CO 3494 of 2022 from the Hon’ble High Court, Calcutta in the matter of this Execution case no. EA/11/2022 in the original complaint case dated RBT/CC/166/2019. As per the said order of the Hon’ble High Court, Calcutta there is a direction of stay on thesaid execution of W/A against petitioner no. 3 i.e. Smt. Soma Patra till end of March, 2023, who is the Jdrno. 7 in the instant execution case.

The Jdrs no. 1 to 4 are under obligation to comply with the original order dated 07.12.2021 in the complaint case RBT/CC/166/2019 but till date no compliance to the said order has been made.

Issue reminder to the IC/OC of Barangar P.S. for E/R of W/A on Jdr 1, Jdr 2, Jdr 3 and Jdr 4.

Today is also fixed for hearing of MA being No. 62/2023 for the grounds as mentioned therein which is regarding bail petition for Jdr no. 6. The Ld. Advocate of the Dhropposes the move due to having no valid reasonand without compliance of original order to pay the decretal amount.It is found that the Jdr no. 6 is yet to comply with the original order dated 07.12.2021 in the execution case no. EA/11/2022. In fact, no payment in respect of the decretal amount has been paid by Jdr no. 6 so far, since more than last one year. As such, this Bench is constrained to reject the MA petition of Jdr no. 6 Shri Kartick Patra who is yet to comply with the order of this Commission’s dated 07.12.2021.

All the Jdrs are directed to comply with the order dated 07.12.2021 forthwith.

The Jdr no 6 namely Shri Kartick Patrais remanded back to jail custody till 01.03.2023.

The Superintendent of concerned correctional home is directed to produce the Jdr no. 6 namely Shri Kartick Patra to appear before this Commission on 01.03.2023.

The MA being No. 62/2023 is thus disposed off.

Send a copy of this order to:-

  1. The Police Commissioner, BarrackporeCommissionarate : for information and imparting necessary instruction in view of the instant order.
  2. R/I of Barrackpore Police Commissionerate : for information and compliance.
  3. The IC/OC of Baranagar P.S. : for information and compliance..
  4. Superintendent of Dum Dum Correctional Home for information and necessary action.
  5. Mr. Ranjit Kumar Das, Constable (1027).
 
 
[HON'BLE MR. Partha Kumar Basu]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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