Order No. 4                       12/08/2022

Ld. Advocate for the Decree holder is present.

Ld. Advocate for the Judgement/debtors is also present.

The Misc. Application is taken up for hearing.

Perused and considered the material on record.

It is admitted fact that CC/367/2017 is disposed of ex-parte with certain directions upon the opposite party nos. 1 and 2.

The Judgement/debtors herein are to pay arrear taxes to the Kolkata Municipal Corporation within one month from the date of receiving of the copy of the order as well as to pay compensation of Rs.10,000/- only  and litigation cost of Rs.2,000/- only within 30 days from the date of communication of the order i.d. interest @8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

Annexure ‘C’ of the Misc. Application is the Statement of Account showing payment by the Judgement/debtors to the Decree holder. Ld. Advocate for the Decree holder submits that the Statement of Account i.e. Annexure ‘C’  is correct and the Decree holder received a total amount of Rs.83,942/- only by cheques and demand drafts.

Ld. Advocate for the Judgement/debtors submits that they have not paid arrear taxes to Kolkata Municipal Corporation in compliance with the final order/judgement passed in CC/367/2017 till date.

In such context, the Misc. Application filed bt the judgement/debtor with a prayer to dispose of the EA case cannot be allowed.

Therefore, the Misc. Application stands rejected.