West Bengal

Alipurduar

EA/10/2010

Sri Satyabrata Ghosh - Complainant(s)

Versus

Sri Mintu Singha Roy - Opp.Party(s)

Sri Samir Sarkar

23 Sep 2022

ORDER

In the District Consumer Disputes Redressal Forum
Alipurduar
Madhab More, Alipurduar
Pin. 736122
 
Execution Application No. EA/10/2010
( Date of Filing : 27 Oct 2010 )
In
cc/2/2009
 
1. Sri Satyabrata Ghosh
C/O S.M. Auto Deals, Near Court Post Office, P.O. & P.S. Alipurduar, Dist. Jalpaiguri
2. Sri Mrinal Debnath
C/O S.M Auto Deals, Near Court Post Office, P.O. & P.S. Alipurduar, Dist. Jalpaiguri
...........Appellant(s)
Versus
1. Sri Mintu Singha Roy
B 1/163, Kalyani, P.O. & P.S. Nadia
...........Respondent(s)
 
BEFORE: 
 JUDGES Shri Santanu Misra PRESIDENT
 HON'BLE MR. Rajib Das MEMBER
 HON'BLE MRS. Smt. Giti Basak Agarwala MEMBER
 
PRESENT:
 
Dated : 23 Sep 2022
Final Order / Judgement

Dhrs. are absent to-day without taking any steps.

No E/R of W/A has yet been received.

It appears from the case record that this execution case has been filed on 27/10/2010. Thereafter, Jdr. appeared this Commission and paid the decreetal amount in three installments amounting to Rs. 65,000/- by three cheques out of the total decreetal award amounting to Rs. 1,23,428/-. The last payment was made on 10/06/2015 remaining Rs. 58,428/- is still outstanding as per record. But since 2015 the Jdr. did not turn up to pay further award amount. Then the arrest warrant was issued against Jdr. but it still pending. It appears that the Dhrs. did not turn up since 2018 on several occasions and direction was given to the Dhrs. to present before this Commission as well as reminder was sent to the local Police Station for execution of warrant. No result is still received.

The conducts of the Dhrs. reveal that either he has received the rest amount from the Jdr. out of this Commission or he is not at all interested to proceed this case further for which he did not shown any causes for his absence before this Commission. So, we find that there is no reason to continue to this execution case further and it should be dropped and filed.

 

Hence, It is;

                                              Ordered

                  

    that the instant execution case be dropped and filed.

 
 
[JUDGES Shri Santanu Misra]
PRESIDENT
 
 
[HON'BLE MR. Rajib Das]
MEMBER
 
 
[HON'BLE MRS. Smt. Giti Basak Agarwala]
MEMBER
 

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