Order No. 8

Sri Subhra Sankar Bhatta, Judicial Member

Respective Ld. Counsels for the respective parties to the Appeal are present.

Respondent Sri Abhi Dutta and Appellant Mr. Amit Srivastav are also present in person.

Today is fixed for payment of balance amount towards full and final settlement of the Decreetal amount.

A money receipt has been filed on behalf of the Appellant/JDr showing payment of balance amount of Rs. 30,000/-(RS thirty thousand) to the Respondent/decree holder viz.  Abhi Dutta. Let the money receipt be kept with the record.

On being asked in open court Respondent/Decree holder Sri Abhi Dutta  has admitted the receipt of total of Rs. 50,000(fifty Thousand) towards full and final settlement of the decreetal dues  in connection with the Execution Case being No. EA/3/2018 pending before the Ld. D.C.D.R.F, kolkata, Unit-II (Central). Ld. Counsels of the respective parties have submitted that the matter in dispute has been amicably settled and compromised between the parties at the intervention of their well wishers. Ld. Counsel for the Appellant has also submitted that the Appellant is not willing to proceed further with the present Appeal in view of the amicable settlement. On the other hand Respondent/Decree holder Abhi Dutta has categorically admitted that he has received the settled amount of Rs. 50,000 (fifty thousand) from the Appellant/JDr and as such he is not willing to proceed further with the Execution Case pending before Ld. DCDRF, Kolkata-II(Central). The above submissions of the Respective parties to the Appeal have merit.

Considering the submissions of the Ld. Counsels for the respective parties and keeping in mind the very fact that the Respondent/Decree holder has already received the entire amount towards full and final settlement of the decreetal dues in connection with the Execution Proceeding. Hence, we have no hesitation to hold that the present Appeal should be disposed of for non-prosecution and the Execution Case pending before the Ld. District Forum should also be disposed of towards full and final settlement of the decreetal dues.

It is, therefore,

                                                                               Ordered

That the present Appeal being No. A/721/2019 be and the same is dismissed of non- prosecution but without any order as to costs.

In view of the above order Ld. DCDRF Kolkata Unit-II(Central) is directed to dispose of the Execution Case  in view of full and final settlement of the decreetal  dues.

Let a copy of this order be transmitted to the Ld. Forum below forthwith for information and taking necessary action.

Registrar is directed to do the needful.

Note accordingly.