West Bengal

Hooghly

EA/7/2019

Sri Gopal Ch. Das - Complainant(s)

Versus

Sri Bachhu alias Samar Biswas Prop. of Laxminarayan Furniture - Opp.Party(s)

Sri Swapan Kr. Roy

26 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, HOOGHLY
CC OF 2013
PETITIONER
VERS
OPPO
 
Execution Application No. EA/7/2019
( Date of Filing : 19 Feb 2019 )
In
Complaint Case No. CC/107/2017
 
1. Sri Gopal Ch. Das
Mahadeb Colony, Chinsurah
HOOGHLY
West Bengal
...........Appellant(s)
Versus
1. Sri Bachhu alias Samar Biswas Prop. of Laxminarayan Furniture
Hatkhola, chandannagar
Hooghly
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shri Sankar Kr. Ghosh PRESIDENT
 HON'BLE MRS. JUSTICE Smt. Devi Sengupta MEMBER
 HON'BLE MR. JUSTICE Sri Samaresh Kr. Mitra MEMBER
 
For the Appellant:
For the Respondent:
Dated : 26 Nov 2019
Final Order / Judgement

D/hr. is present in person.

J/dr. is present on call. He files a petition praying to waive the litigation cost as he is incapable to pay further money as he already paid the decreetal amount by taking loan from the market. Not only that the J/dr. present his unmarried daughter and submits that due to lack of money he did not execute the marriage of her daughter with the esteemed person. D/hr. files a receipt of Rs. 26,000/- received from the op/ J/dr. D/hr. states that he received the decreetal amount from the J/dr. and he has no objection if the J/dr. is acquitted from the execution case today.

It appears from the case record that this Forum vide its order dt. 22.10.2019 extended the interim bail of J/dr. Samar Biswas till 26.11.2019 with a direction to pay the due amount on the date fixed.

Upon hearing the ld. Advocates of both sides and the parties in dispute that the J/dr. paid the decreetal amount to the complainant/ D/hr. in full but D/hr. prayed to waive the litigation cost as imposed by this Forum vide its order dt. 19.7.2018. This Forum consider the application of the D/hr. to waive the litigation cost considering the financial condition as well as submission of J/dr and his unmarried daughter. As such this Forum is in the opinion to waive the litigation cost. The J/dr. is discharged from the execution case. Warrant be recalled at once.

 

Hence,

it is

Ordered

that the execution case being no. 7 of 2019 be and the same is dropped on full and final satisfaction.

Let a copy of this order be sent to the concerned P.S. for recalling the W/A.

 

 
 
[HON'BLE MR. JUSTICE Shri Sankar Kr. Ghosh]
PRESIDENT
 
 
[HON'BLE MRS. JUSTICE Smt. Devi Sengupta]
MEMBER
 
 
[HON'BLE MR. JUSTICE Sri Samaresh Kr. Mitra]
MEMBER
 

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