Sri Shyamal Gupta, Member 

Present Appeal is directed against the Order dated 30-12-2014 passed by the Ld. District Forum, Kolkata – II (Central) in E.A. No. 203/2014. 

It is the case of the Appellant that after receiving notice of the Execution Case, it complied with the order of the Ld. District Forum passed in C.C. No. 259/2010 by paying the decretal sum to the Respondent.  Despite this, the Ld. District Forum imposed a penalty of Rs. 5,000/-  upon it.  Aggrieved by and/or dissatisfied with such decision of the Ld. District Forum, Appellant filed this Appeal. 

Be it mentioned here that despite due service of notice upon the Respondent, he did not turn up before this Commission.  So, the Appeal proceeded ex parte against the Respondent. 

Decision with reasons 

Heard the Ld. Advocate of the Appellant and perused the material on record. 

It appears that vide its impugned order, the Ld. District Forum imposed a penalty of Rs. 5,000/- upon the Appellant for non-compliance of its order within time.  We afraid, such imposition of penalty is not tenable in law.  Under no circumstances, in the aftermath of passing of final order in the complaint case, as an executing Forum, the Ld. District Forum can go beyond the decree.  Therefore, it is needless to say that the impugned order is bad in law.  

In any case, it appears from the order dated 22-07-2015 passed by the Ld. District Forum in EA/203/2014 that it has already disposed of the Execution case out of which the present Appeal originated.  Therefore, we refrain from passing any order in this Appeal. 

The Appeal, thus, stands allowed. 

Hence,

O R D E R E D 

That the Appeal stands allowed ex parte against the Respondent.