REPLY TO SHOW CAUSE ON BEHALF OF THE DECREE HOLDER

 

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SOUTH 24 PARGANAS

Execution Application No.: DC/304/CC/23/2022
Arising out of Complaint Case No.: DC/304/CC/23/2022

 

In the matter of;

Execution of the Final Order dated 21/03/2023, passed by this Hon’ble Commission, in DC/304/CC/23/2022;

 

AND

 

In the matter of;

 

Sri Harish Chandra,
Son of Late Raja Ram,
Residing at Premises No. P-110, Ground Floor, Oxytown, Sarsuna,
Kolkata – 700061,
Post Office & Police Station – Sarsuna,
District – South 24 Parganas.

________Decree Holder

 

-Versus-

 

1.      M/s. Lord Realty Private Limited,
Having its Registered Office at Lord House, Premises No. 71/9, Topsia Road, Kolkata – 700046,
Also at 7B, Ahirpukur Road, Kolkata – 700019, District – South 24 Parganas.

 

2.      Mr. Anwar Azim,
Chairman & Managing Director,
M/s. Lord Realty Private Limited,
Having office at Lord House, Premises No. 71/9, Topsia Road, Kolkata – 700046,
And at 7B, Ahirpukur Road, Kolkata – 700019, Police Station – Topsia, Post Office – Gobind Khatick Road,
District – South 24 Parganas.

_________Judgment Debtors

 REPLY TO SHOW CAUSE ON BEHALF OF THE DECREE HOLDER

 Most Respectfully Showeth as under;

 

1. That the present reply is being filed by the Decree Holder in compliance with the direction of this Hon’ble Commission, whereby the Decree Holder has been called upon to show cause as to why the instant execution case should not be dismissed for default.

 

2. That it is submitted with utmost respect that on the date fixed i.e. 19th September, 2025, the Learned Advocate for the Decree Holder could not remain present before this Hon’ble Commission inadvertently due to a mistaken entry of the said date in his professional diary. The non-appearance was entirely unintentional and bona fide in nature, caused solely by a clerical mistake in recording the date of hearing.

 

3. That the Decree Holder submits that there was no deliberate or willful default or negligence in pursuing the execution proceeding, and the absence of the Learned Advocate on the said date was purely accidental and not with any intention to delay or disregard the process of this Hon’ble Commission.

 

4. That on the earlier date of hearing i.e. 29th July, 2025, the Police Authority had submitted a report stating inter alia that at the given addresses, the Judgment Debtors could not be located and that they had vacated the premises long ago. Consequently, this Hon’ble Commission had been pleased to direct the Decree Holder to furnish better particulars of the present address of the Judgment Debtors to enable effective execution of the Warrant of Arrest and enforcement of the decree.

 

5. That the Decree Holder, being a private individual, has been making sincere and continuous efforts to trace the present whereabouts of the Judgment Debtors, but due to limited means and resources, could not yet ascertain their current addresses. The Decree Holder, however, is diligently pursuing such information and shall place the same before this Hon’ble Commission as soon as it is traced.

 

6. That the Decree Holder most humbly submits that several execution cases are pending against the said Judgment Debtors before this Hon’ble Commission and other fora, which shows their deliberate attempt to evade the lawful process of execution and compliance of the decree passed against them.

 

7. That in the light of the above bona fide circumstances, the Decree Holder most respectfully prays that this Hon’ble Commission may kindly condone the inadvertent non-appearance on 19th September, 2025, and be pleased to grant reasonable time to the Decree Holder to collect and submit the present addresses of the Judgment Debtors for the effective execution of the decree in the interest of justice.

 

8. That this application is made bonafide and in the interest of administration of Justice.

  

In view of the foregoing, the Decree Holder most respectfully prays that this Hon’ble Commission may be pleased to;

 

a) Accept this reply to show cause and be pleased not to dismiss the instant Execution Application No. DC/304/CC/23/2022 for default;

b) Condone the absence of the Learned Advocate for the Decree Holder on 19th September, 2025, being bona fide and unintentional;

c) Grant reasonable time to the Decree Holder to furnish the present address and whereabouts of the Judgment Debtors for effective execution of the decree; and

 

d) Pass such further order or orders as this Hon’ble Commission may deem fit and proper in the interest of justice and equity.

 

And for this act of kindness, the Decree Holder as in duty bound shall ever pray.

 

VERIFICATION

I, Harish Chandra, Son of Late Raja Ram, residing at Premises No. P-110, Ground Floor, Oxytown, Sarsuna, Kolkata – 700061, do hereby verify that the statements made in paragraphs 1 to 7 of the foregoing reply are true to my knowledge and belief and that I have not suppressed any material fact.

Verified at Baruipur
On this ___ day of November, 2025.

 

(Harish Chandra)
Decree Holder

 

 AFFIDAVIT

I, Harish Chandra, Son of Late Raja Ram, aged about ___ years, residing at Premises No. P-110, Ground Floor, Oxytown, Sarsuna, Kolkata – 700061, Post Office & Police Station – Sarsuna, District – South 24 Parganas, do hereby solemnly affirm and state as follows;

1. That I am the Decree Holder in the above execution proceeding and am fully acquainted with the facts and circumstances of the case.

 

2. That the accompanying Reply to Show Cause has been drafted and filed under my instructions, the contents whereof have been read over and explained to me in vernacular, and I fully understand the same.

 

3. That the statements made in paragraphs 1 to 7 of the said Reply to Show Cause are true to my knowledge and belief, and those submitted in the “Prayer” portion are based on legal advice which I believe to be true.

 

4. That the non-appearance of my Learned Advocate before this Hon’ble Commission on 19th September, 2025, was wholly inadvertent and unintentional, caused due to mistaken entry of the date in his professional diary, and not due to any deliberate negligence or default.

 

5. That I have been making all bona fide and reasonable efforts to trace the present address and whereabouts of the Judgment Debtors, as directed by this Hon’ble Commission, for due satisfaction of the decree.

 

6. That the facts stated herein are true to my knowledge and belief and nothing material has been concealed therefrom.

 

Harish Chandra
Deponent

Identified by me,

Advocate