Calcutta High CourtCO/3057/2016disposed

Amit Sarkar & ORS v. Debasree Gupta & ANR

2022-03-25Hon'Ble Justice Bibhas Ranjan De2 pages

25.03.2022 Item no. 4 Aloke C.O. 3057 of 2016 Ct. 29 with CAN 1 of 2017 (Old No. CAN 2077 of 2017), CAN 2 of 2020 (Old No. 609 of 2020) Sri Amit Sarkar & Ors.

Vs Mrs. Debasree Gupta & Anr.

Mr. Ranjan Kali Mr. Mitul Chakraborty ....for the petitioners/JDR Mr. Animesh Bhattacharya ... For the Opposite Parties/DHR Learned Advocate for both the parties to this revisional application are represented.

Heard both sides.

The application was filed challenging the order dated June 8, 2016 passed by the District Consumer Disputes Redressal Forum, South 24 Parganas, in connection with Execution Case No. 116 of 2014.

Learned Advocate appearing on behalf of the petitioners/Judgment Debtors assailed the impugned order submitting inter alia that the learned Consumer Forum passed an order dated June 8, 2016 issuing warrant of arrest against the petitioners/Judgment Debtors without giving any opportunity to appear before the Court or issuing show-cause notice upon the petitioners/Judgment Debtors.

Learned Advocate appearing for the Opposite Parties/Decree Holders alleged that the petitioners/Judgment Debtors have already transferred the disputed flat in question in favour of the third party. Therefore, in compliance with the order of learned State Consumer Forum he

did not deposit the amount assessed by the Forum.

After careful perusal of the order impugned, I find that presence of both the parties is required for proper redressal of the dispute particularly, the allegation of transfer of flat in dispute to third party and also for non-deposit of money by the DHR.

Considering all these facts and circumstances, the parties are directed to appear before the District Consumer Disputes Redressal Forum, South 24 Parganas on May 18, 2022. Till such time warrant of arrest shall not be executed. In case of failure on the part of the petitioners/Judgment Debtors, the warrant of arrest will be in effect on and from May 18, 2022. With the aforesaid direction, this instant application stands disposed of. The connected applications are also disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Bibhas Ranjan De, J.)