Before the Hon’ble District Consumer Disputes
Redressal Commission Kolkata Unit – III,
18, Judges Court Road, Kolkata – 700027
Execution Application No. EA/165/2018
In
Complaint Case No. CC/69/2017
In
the matter of ;
Sri
Anjan Kumar Dutta,
_________Decree
Holder
-
Versus
–
Sri Soumen
Chakraborty,
_____Judgment Debtor
Petition
for kept in abeyance the Warrant of Arrest issued against Judgment Debtor
The humble
Petition of the above named Judgment Debtor, most respectfully;
Sheweth
as under ;
1) That the
Judgment Debtor has paid a sum of Rs. 1,00,000/- ( Rupees One Lakhs ) only, on
01/09/2022, to the Decree Holder. The W/A has already been issued by the
Hon’ble Commission, in the above referred Execution Application. The Judgment
Debtor seeks necessary intervention in the given facts of payment made to the
Decree Holder.
2) That in the
circumstances, the Judgment Debtors seeks direction of the Hon’ble Commission, to
keep in abeyance the execution of Warrant of Arrest against the Judgment
Debtor. The Judgment Debtor undertake to pay a sum of Rs. 1,00,000/- ( Rupees
One Lakh ) only, by the next date fixed within a period of fifteen days,
towards final payment in satisfaction of the Decree.
3) That unless
the Hon’ble Commission direct to keep in abeyance the execution of arrest
warrant against the judgment debtor, the judgment debtor will highly prejudice
and suffer with irreparable loss and injury, thereof.
4) That the preponderance
of balance of convenience and in-convenices are in favour of the Judgment
Debtor, and the Decree Holder will not prejudice.
5) That this
application is made bonafide and in the interest of administration of Justice.
It is therefore prayed that your
Honour would graciously be pleased to allow this application and to direct the
Police to keep in abeyance the execution of arrest warrant on the Judgment
Debtor Soumen Chakraborty, till the next date in the above referred Execution
Proceeding, in the interest of administration of Justice, and or to pass such
other necessary order or orders as your Honour may deem, fit, and proper, for
the end of Justice.
And
for this act of kindness, the Petitioner as in duty bound shall ever pray.
AFFIDAVIT
Affidavit
of Sri Soumen Chakraborty, Son of Sri Ashok Chakraborty, aged about _____years,
by faith Hindu, by Occupation Business, Proprietor of M/s. A.G. Consdtruction,
residing at 4/4B, Mptilal Gupta Road, Kolkata - 700008, District South 24
Parganas,
I,
the above deponent do hereby solemnly affirm and declare as under :-
1
: That I am the Judgment Debtor, in the above referred Execution proceeding. I
am competent to swear this affidavit.
2
: That the facts contained in aforesaid petition, the contents of which have
not been repeated herein for the sake of brevity may be read as an integral
part of this affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I,
the above named deponent do hereby solemnly verify that the contents of my
above affidavit are true and correct to my knowledge, and no part of it is
false and nothing material has been concealed therein. Verified this ………….the
day of …………….2022, at Kolkata.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
:……………2022.
Place
: Kolkata.
N O
T A R Y
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