West Bengal

Kolkata-I(North)

EA/61/2022

Ravi Jain and another - Complainant(s)

Versus

Sri Sabuj Sen and 3 others - Opp.Party(s)

Debesh Halder

18 Mar 2024

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Execution Application No. EA/61/2022
( Date of Filing : 17 Jun 2022 )
In
Complaint Case No. CC/110/2020
 
1. Ravi Jain and another
S/o Sri Kailash Jain, 9, Rowdon Street, Kolkata - 700017.
2. J. M. Fiscal Pvt. Ltd.
46A, Rafi Ahmed Kidwai Road, 5th Floor, P.S. - Park Street, Kolkata - 700016.
...........Appellant(s)
Versus
1. Sri Sabuj Sen and 3 others
29, Garden Garia, P.O. - Garia, South Kolkata - 700084.
2. Mrs. Krishna Sen
29, Garden Garia, P.O. - Garia, South Kolkata - 700084.
24 Parganas
3. Mr. Tuhin Chatterjee, Proprietor of A.S.H.A.
10B, Bhabanath Sen Street, P.S. - Tala, Kolkata - 700004.
4. RARITY AGENCIES LTD. (Proforma Opposite Party)
16, British Indian Street, 2nd Floor, Kolkata - 700069.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:Debesh Halder, Advocate for the Appellant 1
 
Dated : 18 Mar 2024
Final Order / Judgement

Order No.15

Ld. Advocate for the Decree holder is present.

Ld. Advocate for the Judgement debtor no.3 is present.

Today is fixed for passing order in presence of both sides.

It is crystal clear from order no.14 dated 04/01/2024 that though CC/110/2020has been disposed of on the basis of the compromise petition between the complainants and opposite party no.3 Mr. Tuhin Chatterjee who is Judgement debtor no.3 herein but no judgement has been passed by the erstwhile Commission as against opposite party no.1 Mr. Sabuj Sen, opposite party no.2 Mrs. Krishna Sen and proforma opposite party no.4 Rarity Agencies Ltd. But we find the execution case has been filed against the above named persons.

Thereafter, the execution case cannot be proceeded till complete disposal of CC/110/2020.

It is apparent on the face of the record that EA/61/2022 has filed prematurely. The instant execution case being prematurely filed stands dismissed.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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