Before the Hon’ble District Consumer
Disputes Redressal Forum, at Baruipur, South 24 Parganas.
EA/88/2015
{
arising out of Complaint Case no. CC/598/2014 }
In
the matter of :
Shri
Nirmal Chandra Banerjee,
________Decree Holder.
-
Versus –
Shri
Ram Chandra Shaw,
_______Judgment Debtor
Bail Petition
The
humble petition on behalf of the above named Judgment Debtor Shri Ram Chandra
Shaw, most respectfully;
Sheweth as under :
1.
That on 04-05-2018, the Judgment
Debtor voluntarily surrendered before the Hon’ble Forum, and placed his prayer
for release on bail bond at any terms and conditions, as may be determine by
the Hon’ble Forum, However, the Hon’ble Forum, was pleased to refused and
reject the bail prayer of the Judgment Debtor and taken into jail custody till
14-05-2018, and directed the Jail authority for the production of the Judgment
Debtor in person as on 14-05-2018, and consequently on several occasion
including today i.e. 20-08-2018, before the Hon’ble Forum.
2.
That the Judgment Debtor challenging
the Order dated 20-08-2018, passed by the Hon’ble Forum, preferred one appeal
under Section 27A of the Consumer Protection Act’ 1986, before the Hon’ble
State Consumer Disputes Redressal Commission, West Bengal, viz. A/774/2018,
wherein the appeal was heard on 12-10-2018, the Hon’ble State Commission, West
Bengal, passed necessary order, in the said appeal, which furnished as follows
:
|
|
|
|
The
print out copy of the order dated 12-10-2018, is enclosing herewith this
petition.
3.
That in view of the facts that the
Judgment Debtor is in jail custody, since the date as on 04-05-2018, to till
date, the Judgment Debtor Seeks to get release on bail at any terms and or
conditions, as may be imposed by the Hon’ble Forum, in the interest of
administration of justice.
4.
That it is pertinent to states that
one Appeal under Section 15 of the Consumer Protection Act’ 1986, has been
placed by the appellant herein vide memo of appeal being no. A/1347/2015, arising
out of the proceeding being no. CC/598/2014, decided by the Learned District
Consumer Disputes Redressal Forum, at Baruipur, South 24 Parganas. The said
appeal has been decided by the Hon’ble Commission, West Bengal, on 22-08-2016,
as “ instant appeal is dismissed being time barred”.
5.
That it is also pertinent to states
that one Revision Petition has been placed by the appellant herein before the
Hon’ble NCDRC, New Delhi, viz. RP / 3236 / 2016, challenging the Order dated
22-08-2016, passed by the Hon’ble State Consumer Disputes Redressal Commission,
West Bengal, in A / 1347 / 2015, and whereas the said Revision Petition has
been dismissed as on 21-04-2017, due to non compliance of introlucatory order
of payment upon the appellant herein.
6.
That thus in view of the facts that
while the said appeal under Section 15 of the Consumer Protection Act’ 1986,
and the Revisional application before the Hon’ble NCDRC, New Delhi, while
dismissed, the final order & Judgment dated 31-03-2015, passed by the Learned
District Consumer Disputes Redressal Forum, at Alipore, now at present at
Baruipur, South 24 Parganas, in CC/ 598 /2014, has been affirmed, in terms of
the prescribed provisions of the Law.
7.
That the operative portion of the
final order & Judgment dated 31-03-2015, passed by the Learned District
Consumer Disputes Redressal Forum, at Alipore, now at present at Baruipur,
South 24 Parganas, in CC/ 598 /2014, is reproduced herein as follows :
“That the application under
section 12 of the C.P Act is allowed exparte.
The O.P is directed to execute
and register the deed of conveyance of the said two flats after accepting
Rs.2,40,000/- from the complainant within 45 days from the date of this order
and also deliver possession of the two flats , failing which complainant is at
liberty to execute the same through the machinery of this Forum after
depositing the remaining consideration money to this Forum.
O.P is hereby instated not to
deliver possession of the said two flats save and except the complainant. If
the O.P failed to put in possession of the flats after receiving Rs.2,40,000/-
,then the complainant is at liberty to approach before the local P.S i.e.
Sonarpur P.S. and in that event Officer-In-Charge of Sonarpur P.S will render
necessary assistance so that the complainant may get possession of the two
flats .
O.P is directed to pay
litigation cost of Rs.5000/- to the complainant within that stipulated period.”
8.
That it is to states that the
Execution proceeding being EA/88/2015, has been placed by the Decree Holder
herein before the Hon’ble District Consumer Disputes Redressal Forum, at
Baruipur, South 24 Parganas, arising out of the proceeding being no.
CC/598/2014, and the same has been continuing before the Hon’ble Forum.
9.
That it is to states that the Executing
Forum cannot go beyond the Decree being the final order & Judgment dated
31-03-2015, passed by the Hon’ble District Consumer Disputes Redressal Forum,
at Alipore, now at present at Baruipur, South 24 Parganas, in CC/ 598 /2014,
and whereas the direction upon the Complainant being the Decree Holder in this
Execution application being EA/88/2015, is a pre requisition requirement, which
has not ever been complied with by the Decree Holder, and whereas as per
direction of the said final order & Judgment dated 31-03-2015, passed by
the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, now at
present at Baruipur, South 24 Parganas, in CC/ 598 /2014, in absence of
compliance of the Decree Holder, the Judgment Debtor cannot perform, thereof
and therefore the first performance has been commenced on the decree holder
which has not ever been performed and thus in absence of any performance by the
decree holder, no performance can call for by the Judgment Debtor, in terms of
the directions of the Hon’ble Forum below, as enumerated in the final order
& Judgment dated 31-03-2015, passed by the Hon’ble District Consumer
Disputes Redressal Forum, at Alipore, now at present at Baruipur, South 24
Parganas, in CC/ 598 /2014.
10.
That in view of the facts that the performance
of the Decree Holder is a prerequisite, in terms of the final order, the
Judgment Debtor Seeks to get release on bail at any terms and or conditions, as
may be imposed by the Hon’ble Forum, in the interest of administration of
justice.
11.
That unless the bail, grant by the
Hon’ble Forum, the Judgment Debtor will highly prejudice and suffer with
irreparable loss and injury, thereof.
12.
That the balance of convenience and
inconveniences are in favour of the Judgment Debtor, and the Decree Holder will
not prejudice.
13.
That this application is made bonafide
in the interest of administration of justice.
It is therefore prayed that your
Honour would graciously be pleased to allow this application and to grant release
on Bail at any terms and condition, to the Judgment Debtor, 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.
No comments:
Post a Comment