EXECUTION CASE NO. 5 OF 2011 ARISING OUT OF HDF CASE NO. 44 OF 2010
Nabera Bibi Decree Holder /
Complainant.
- Versus -
New India Assurance Company Ltd.
and others. Judgment Debtor /
Opposite party.
P R E S E N T
Honble President : Shri J. N. Ray
Honble Member : Smt. SamikshaBhattacharya.
ORDER NO. 4.
DATE : 20-05-2011.
Record is put up today.
Both parties are present through their respective lawyers.
The ld. Lawyer for the J. Dr. files a petition praying for dispose of the case on the ground of payment of decreetal amount today. He submits before us that the J. Dr. is making payment of entire awarded amount with interest vide account payee cheque no. 190826 dated 12-05-2011 of Rs. 1,00,000/- drawn on Bank of India, Dobson Lane Branch, Howrah-711101, as full and final settlement to the decree holder Nabera Bibi.
In support of the submission the decree holder filed xerox copy of the aforesaid account payee cheque, xerox copy of voter I.D. Card, Xerox copy of front page of Bank Pass Book and original money receipt duly identified by the ld. Advocate thereof. Ld. Advocate on behalf of the decree holder files a petition praying for drop the proceeding against the J. Dr. accordingly.
Having heard on both sides and perusal of the papers on record we are satisfied that the decreetal amount has been given to the decree holder as full and final settlement for accidental death of husband of the decree holder.
Hence,
O R D E R E D
That the execution case be disposed of on full satisfaction.
Recall W/A against Sukumar Pradhan, Divisional Manager, JDr. at once.
Supply the copy of the order to the parties, free of costs.