West Bengal

Hooghly

EA/11/2014

Sri Sanjay Chakraborty - Complainant(s)

Versus

Sri Nimai Ch Ghosh - Opp.Party(s)

26 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Execution Application No. EA/11/2014
( Date of Filing : 17 Apr 2014 )
In
CC/87/2011
 
1. Sri Sanjay Chakraborty
Tarakeswae, Hooghly
...........Appellant(s)
Versus
1. Sri Nimai Ch Ghosh
Tarakeswar, Hooghly
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 26 Sep 2022
Final Order / Judgement

Today is fixed for taking steps by the D/hr. and for passing further order.

Both the D/hr. side and J/dr. side are found ready.

Ld. Advocates of both sides are present.

Heard and considered submission of both sides.

The D/hr. side has filed a petition for withdrawing the bank draft which has been deposited in this case in compliance of the order of Hon’ble National Commission. This prayer of the D/hr. side is not opposed and so it is allowed.

D/hr. is permitted to withdraw the bank draft on proper receipt and identification.

After going through the materials of the case record it appears that ld. Advocates of both sides are notcomplying the directions of amicable settlement of Hon’ble National Commission.

In view of this position what is the remedy before this District Commission?

In this regard Hon’ble National Commission has been pleased to observe that if the matter is not settled both parties will be free to approach before the District Commission afresh.

Thus, it is crystal clear that this execution case being no. E.A. 11 of 2014 is not now maintainable and so it may be dropped but on condition that the application filed by the J/dr. on 20.7.2021 is to be treated as fresh execution application and the D/hr. is given liberty to file W/O against the same.

Accordingly, office of the DCDRC, Hooghly is directed to initiate fresh execution case in view of the application of J/dr. dt.20.7.2021 immediately.

In the light of the observation made above this execution case no. 11 of 2014 is dropped.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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