West Bengal

Rajarhat

MA/85/2021

Mr. Partha Ghosh Or Partha Pratim Ghosh S/o Sri Ramapada Ghosh - Complainant(s)

Versus

Sri Sushanta Bhowmick S/o Late Hiralal Bhowmick - Opp.Party(s)

Mr. Soumen Mukherjee

16 Dec 2021

ORDER

Additional Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/85/2021
( Date of Filing : 16 Dec 2021 )
In
Execution Application No. EA/1/2020
 
1. Mr. Partha Ghosh Or Partha Pratim Ghosh S/o Sri Ramapada Ghosh
Prop. of Prajukta Construction, 110/12, B.T. Road, P.S- Baranagar, Kolkata-700108.Dist- North 24 Parganas.
...........Appellant(s)
Versus
1. Sri Sushanta Bhowmick S/o Late Hiralal Bhowmick
82/24, M.N.K. Road (South), P.S-Baranagar, Kolkata-700036.Dist- North 24 Parganas.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 
PRESENT:
 
Dated : 16 Dec 2021
Final Order / Judgement

            The Jdr. namely Partha Ghosh is produced by Mr. Debashis Garain (Constable 503) of Barrackpore Police Commissionerate on the strength of warrant issued from this Commission on 27.09.2021.

One application is filed by the Ld. Advocate appearing for the Jdr, which is registered as MA 85/2021.

The forwarding report prepared by Mr. Debabrata Ghosh, SI of Baranagar Police Station, supported by Memo of arrest dated 15.12.2021 and also the copy o the order passed by the Ld. ACJM, Barrackpore, North 24 Parganas on 15.12.2021.

It appears that the Jdr was arrested in connection with this execution case was produced before Ld. ACJM, Barrackpore, North 24 Parganas. It also appears that the Ld. ACJM, Barrackpore issued direction for production of the warrantee along with part record before this Commission and accordingly the Jdr is produced today.

The Ld. Advocate appearing for the Jdr expresses the inability on the part of the Jdr in the matter of making payment of Rs. 15,00,000/- along with interest @ 9% pa. together with compensation of Rs. 50,000/- and litigation cost of Rs. 10,000/-. He submits that atleast one month time would be required to enable the Jdr to arrange for payment.

The Jdr is taken into custody and remanded to JC till 14.01.2022.

The Superintendent of Dumdum Correctional Home is directed to arrange for production of the Jdr before this Commission on 14.01.2022.

Todate i.e. 14.01.2022 for payment of the entire decreetal amount.

The RI, Bidhannagar Police Commissionerate and the IC, Eco Park P.S are directed to produce the vehicle and escort party for taking the Jdr namely Partha Ghosh to the Dumdum Correctional Home for handing over him to the Superintendent of the said Correctional Home.

The Constable present namely Mr. Debashis Garain (C/503) is directed to accompany the Jdr together with Mr. Sourav Ghosh and Mr. Biswajit Routh to the said Correctional Home.

Copies of this order be handed over/sent/mailed to:-

  1. The Jdr.
  2. Mr. Debashis Garain (Constable 503).
  3. IC of Eco Park Police Station.
  4. RI, Bidhannagar Police Commissionerate.
  5. Superintendent of Dumdum Correctional Home.
  6. Commissioner, Bidhannagar Police Commissionerate.
  7. Commissioner, Barrackpore Police Commissionerate.
  8. The Dhr, who is present before this Bench.

It needs to be clarified that in view of this changed situation the OC of Baranagar Police Station namely Mr. Debasis Pahari, who is under order to appear before this Commission is no longer required to attend this Commission in connection with this Case.  

Hence the MA being no. 85/2021 is hereby disposed of.

 

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT

 

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 

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