District : South 24 Parganas.
Before
the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24
Parganas.
Execution
Application no. 118 of 2012.
{ arising out of C.C. Case no. 206 of
2012 }
In
the matter of :
Shri
Prasenjit Biswas.
_________Decree Holder / Petitioner.
-
Versus –
Shri
Nikhil Kumar Manna.
_________Judgment
Debtor / Respondent.
The
humble petition of the above named Decree Holder / Petitioner Shri Prasenjit
Biswas, most respectfully;
Sheweth as under :
1.
That the above referred Execution
proceeding has been instituted by the Decree Holder / Petitioner, against the
Judgment Debtor, before the Hon’ble Forum, at Alipore, South 24 Parganas, for
Compliance and execution of the Final Order and Judgment dated 9th
day of October’ 2012, in C.C. no. 206 of 2012, wherein the Hon’ble Forum,
finally decided as “That the case being no. C.C. no. 206 of 2012, be and the
same is decreed exparte with cost against the O.P. The O.P.is directed to
execute and register deed of conveyance in favour of the complainant within one
month from this day failing which the complainant shall be at liberty to put
the decree into execution in accordance with law. The O.P. is also directed to
pay compensation to the tune of ₹
50,000/- and cost of ₹
2,000/- totaling to ₹
52,000/- within the said stipulated period, failing which the said amount shall
carry on interest @ 10% p.a. from the date of defaulting till realization. ”
2.
That
the Petitioner states and submits that on and after filling the above referred
execution proceedings under Section 25 and Section 27 of the Consumer
Protection Act’ 1986, the Hon’ble Forum issued notice upon the Judgment Debtor,
which has been refused as appeared from remarks of the postal authority and the
same has been recorded in the due order of the Hon’ble Forum.
3.
That
the Petitioner states and submits that the Petitioner thereafter placed his
petition under Section 27 of the Consumer Protection Act’ 1986, praying inter
alia for the cognizance of the Hon’ble Forum for the offences committed by the
Judgment Debtor and issuance of Warrant of Arrest against the Judgment Debtor
as to enforce the Compliance of the Order of the Hon’ble Forum. The Hon’ble
Forum granted such prayer and issue Warrant of Arrest against the Judgment
Debtor.
4.
That
the Petitioner states and submits that The Officer in Charge of the Bishnupur
Police Station did not execute the Warrant of Arrest issued by the Hon’ble
Forum, and did not submit any report to that effect till date.
5.
That
the Petitioner states and submits that on several occasions, the Hon’ble Forum
issued Tagid to the Officer in Charge of the Bishnupur Police Station, but no
report has ever been filed by the Police in regard to the execution and
enforcement of the Warrant of Arrest against the Judgment Debtor.
6.
That
the Petitioner states and submits that on the earlier occasion, the Hon’ble
Forum on the prayer of the Petitioner directed the Superintendent of Police for
the district South 24 Parganas, to enforce the execution of the Warrant of
Arrest on Judgment Debtor.
7.
That the Petitioner thereafter placed
an application for execution and registration of the questioned subjected flat in
favour of your petitioner, which has been considered by the Hon’ble Forum and
specified order has been passed and delivered vide Order being no. 19, dated
16-06-2014, as “In view of the circumstances, Biswajit Das, Learned Advocate,
is hereby appointed as Pleader Commissioner for the purpose of execution and
registration of the deed of conveyance in respect of the subject property in
favour of the Decree Holder”.
8.
That your Petitioner states that in
view of the Order dated 16-06-2014, the Learned Pleader Commissioner complied
with the direction of the Hon’ble Forum, and cause necessary endavour for the
registration and execution of the Deed of Conveyance as on 25th day
of July’ 2014, vide Deed being no. 05635 for the year 2014, registered in Book
no. I, at A.D.S.R. – IV, Alipore, South 24 Parganas.
9.
That your petitioner enclosing
herewith a Xerox copy of the IGR being no. 572741, dated 25-07-2014, and W.B.
Form no. 1504, dated 25-07-2014, collectively and marked as Annexure –“A”.
10.
That in view of such facts, your
petitioner is satisfied with the execution and registration of Deed of Conveyance
of subjected flat in his favour by the Hon’ble Forum, and thus seeks the
disposal of the present execution proceedings as fully satisfied.
11.
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 disposed off the
present execution application being no. 118 of 2012, as fully satisfied, and /
or to pass such other necessary order or orders as your Honour may deed, fit,
and proper for the end of justice.
And for this act of kindness, your
Petitioner, as in duty bound shall ever pray.
District : South 24
Parganas.
Before the Hon’ble
District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.
Execution
Application no. 118 of 2012.
{ arising
out of C.C. Case no. 206 of 2012 }
In
the matter of :
Sri
Prosenjit Biswas
_______Decree
Holder / Petitioner.
-
Versus –
Sri
Nikhil Kumar Manna
_______Judgment
Debtor / Respondent / Opposite Party.
AFFIDAVIT
Affidavit
of Shri Prasenjit Biswas, Son of Late Amiya Biswas, aged about _______years, by
faith Hindu, by Occupation _____________, residing at Flat being no. 4, 2nd
Floor, Mouza – Amtala, Police Station - Bishnupur, District – South 24 Parganas.
I,
the above deponent do hereby solemnly affirm and declare as under :
1. That
I am the Decree Holder / Petitioner in the above Execution Application case,
thoroughly conversant with the facts and circumstances of the present case and
am competent to swear this affidavit.
2. That the facts contained in my accompanying
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.
3. That
the above statements of my declarations are true to my knowledge and belief.
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 …………….2014, at the Alipore, Kolkata.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
: __________________ 2014.
Place
: Alipore Judges Court, Kolkata.
N
O T A R Y
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