West Bengal

Birbhum

MA/4/2018

Chandan Pal, S/O Sri B. Pal Branch - Complainant(s)

Versus

Sri J. Nandy, Prop, JK and SN Tour and Travels - Opp.Party(s)

10 Jan 2018

ORDER

Objection filed by the O.P No.1dated 7.11.2017 is taken up for passing necessary order treating the same as M.A case No. 4/2018.

The complainant/Dhr Chandan Pal has filed the present execution case for execution of order passed in C.F case No. 22/2016 on 13.06.2017 against the O.P/Jdr No.1 Jayanta Kr. Nandy Prop. of JK and SN Tour and Traders. By said order O.P No.1 was directed to refund Rs. 78000/- to the complainant No.1 i.e. Chandan Pal, Rs. 73000/- to complainant No.2 i.e. Kajali Das (Bose) and Rs. 47000/- to the complainant No.3 i.e. Biswajit Nandy. The O.P No1 is also directed to pay Rs. 3000/- as litigation cost to the complainants.

It appears from the said order that in the said case O.P No.1 neither appeared personally nor he sent any representative. Rather by sending a letter made out a case. Said letter/application was neither verified nor supported by affidavit. However, for ends of justice the same was considered and the case was decided in favour of the complainants.

Now at the execution stage the O.P No.1 by sending another letter agitated same case, as he previously mentioned in his letter.

Considering over all matter into consideration and materials on record we do not find any merit in objection/letter dt. 07/11/2017 sent by the O.P/Jdr No.1.

Accordingly objection petition is liable to be rejected.

Hence,

Ordered,

that the objection dated 07.11.2017 filed by the O.P No.1 is rejected without any cost.

Thus the M.A No. 4/2018 is disposed accordingly.