Today is fixed for hearing of the petition dated 27-07-2016 filed by the Jdr.
Ld. Advocate for the Jdr. is present by filing his hazira.
Neither the Dhr. nor his advocate is found present.
Petition dated 27-07-2016 is taken up for hearing.
Ld. Advocate for the Jdr. submits inter-alia that the award passed by this Consumer Forum on 10-04-2013 has been set aside by the Hon’ble State Commission, W.B. by passing Judgement dated 28-05-2015 in First Appeal No.FA/587/13. So, he has made prayer for dropping this Execution case.
Perused the materials. Heard Ld. Advocate for Jdr. It appears from the copy of Judgement passed by the Hon’ble State Commission in F.A. no.587/13 (The Branch manager, Bajaj Allianz and Another Vs. Sri Chandan Gorai) that the Hon’ble State Commission has been pleased to pass the following order “That the appeal be and same is allowed on contest, but without any costs. The impugned order is set aside.
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Consequently, the complaint stands dismissed”.
So, it appears to us that the Judgement / Order / award passed on 10-04-2013 by the District Consumer Disputes Redressal forum Bankura in C.C. no.35 of 2010 has been set aside by the Hon’ble State Commission allowing appeal in connection with First Appeal No.FA/ 587/2013.
This E.A. no.24 of 2013 has been filed by Dhr./Complainant to execute the Order / Judgement dated 10-04-2013 passed in connection with C.C. no.35 of 2010 by this Forum.
The said Judgement / Order has been set aside by the Hon’ble State Commission in First Appeal No.FA/ 587/2013.
In view of the circumstances this Execution case has lost it’s force /merits.
Accordingly, it is liable to be dropped / dismissed.
Hence, it is
Ordered
That the Execution Case be and same is hereby dropped / dismissed but without cost.
Thus the Execution case is hereby DISPOSED OF.
