D/hr. appears today by filing agent hazira.
J/dr., namely, Senior Manager, United Bank of India, Mahesh Branch appears today by filing v.nama and he files a petition stating that in compliance to appeal no. A/301/2016 of Hon’ble State Commission vide its order dt. 11.9.2019 he is paying a sum of Rs. 41,691/- in total by a demand draft being no. 138944 in the name of D/hr. Kaushik Shankar Das dt. 10.12.2019 of United Bank of India, Mahesh Branch. By filing the demand draft J/dr. prayed to release all the J/drs./ Opposite parties from this execution case and to pass necessary order in that respect.
D/hr. files a money receipt in respect of withdrawing the said bank draft amounting to Rs. 41,691/- as specified above. He further files a petition to drop the case as he receives the decreetal amount as ordered by Hon’ble State Commission vide order dt. 11.9.2019 and he has no allegations against the J/drs./opposite parties. D/hr. files photocopy of Aadhar Card being self-attested in support of his identification.
After hearing the both sides and perusing the case record it appears that J/drs. i.e. the Manager of United Bank of India Mahesh Branch and two others complied the order dt. 11.9.2019 of Hon’ble State Commission in First Appeal No. A/301/2016 in toto. D/hr. by filing a petition states that he receives the demand draft with full satisfaction and he has no further claim. So, the execution case is to be dropped.
This forum is in the opinion that the J/dr. files the demand draft in compliance of order of Hon’ble State Commission, WB and D/hr. agrees to accept the decreetal amount in the form of demand draft on full and final satisfaction. So, we are in the opinion to drop the case on full and final satisfaction after disbursal of the demand draft.
Let the demand draft being no. 138944 in the name of D/hr. Kaushik Shankar Das dt. 10.12.2019 of United Bank of India, Mahesh Branch amounting to Rs. 41,691/- be handed over to the D/hr. in the open Forum and he receives the same on full and final satisfaction.
Hence, it is ordered that the execution case being no. 61 of 2019 ( C.C. Case No. 141 of 2009) be and the same is dropped on full and final satisfaction.
The J/drs. are discharged from the execution proceeding accordingly.
Let a copy of this order be supplied to the parties free of cost.