West Bengal

Kolkata-I(North)

MA/12/2021

Rajesh Kabra - Complainant(s)

Versus

M/s. BKD Infra Projects Pvt, Ltd. and another - Opp.Party(s)

23 Nov 2021

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Miscellaneous Application No. MA/12/2021
( Date of Filing : 13 Jul 2021 )
In
Execution Application No. EA/8/2019
 
1. Rajesh Kabra
36/2, Vivekananda Road, 7th Floor, Flat No. 703, P.S. - Girish Park, Kolkata - 700007.
...........Appellant(s)
Versus
1. M/s. BKD Infra Projects Pvt, Ltd. and another
2, Jogendra Kaviraj Road, Third Floor, Room No. 320, P.S. - Burrabazar, Kolkata - 700007.
2. Mr. Binay Dubey, Director
M/S. BKD Infra Projects Pvt. Ltd., 2, Jogendra Kaviraj Road, Third Floor, Room No. 320, Kolkata - 700007.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Swades Ranjan Ray PRESIDENT
 HON'BLE MR. Sadananda Sarkar MEMBER
 
PRESENT:
 
Dated : 23 Nov 2021
Final Order / Judgement

Order No. 5                            Date: 23.11.2021

It appears from the Order dated 27/07/2021, Order No.2 in MA/12/2021 that this MA Case be tagged with the Execution Case No.8/2019. In Order No.3 it reflects that this MA Case fixed for hearing on 10/08/2021 wrongly. Thereafter this MA Case fixed for payment of decreetal amount vide Order No.4 without  tagging with the original Execution Case.

Hence, according to Order No.2 this MA Case is tagged with the original Execution Case. In Order No.4 of MA/12/2021 there was a specific direction upon the Jdr that payment of decreetal amount.

Ld. Advocate for the Jdr prays for short time for payment of rest amount, though the Execution Case No.8/2019 is fixed for payment of remaining outstanding dues on 22/12/2021. The date for payment of outstanding dues be remain same i.e. 22/12/2021. I make it clear that if Jdr fail to make payment of outstanding dues in spite of sufficient time there is no alternative before this Commission to issue warrant of arrest against the Jdr.

Hence, Ld. Advocate for the Jdr is directed to take step accordingly i.d. warrant of arrest will be issued against the Jdr on the date fixed.

The MA Case No. MA/12/2021 is tagged with the Execution Case No.8/2019 and this MA Case is disposed of accordingly.

 
 
[HON'BLE MR. Swades Ranjan Ray]
PRESIDENT
 
 
[HON'BLE MR. Sadananda Sarkar]
MEMBER
 

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