The Proprietor vs Sri Ashok Das Nee Ashoke Das & Anr
2021 Latest Caselaw 334 Cal

20.01.2021

Item No.37 CP C.O. 1112 of 2020 The Proprietor, M/s. Bani Gas Service vs.

Sri Ashok Das nee Ashoke Das & anr.

(via video conference)

Mr. Aniruddha Chatterjee Ms. Juin Dutta Chakraborty

.....for the petitioner.

This revisional application has been filed

challenging an order dated March 28, 2019, passed

by the learned District Consumer Disputes Redressal

Forum, Howrah directing issuance of warrant of

arrest against the judgment debtor no. 1.

This court has held that neither the District

forum nor the State Commission had the power to

execute its orders by issuing a warrant of arrest.

Prima facie, an arguable case has been made

out by the petitioner.

There shall be stay of operation of the order

dated March 28, 2019 for a period of four months or

until further orders whichever is earlier.

Petitioner is directed to serve a copy of the

revisional application along with the server copy of

this order upon the opposite parties. Affidavit of

service to be filed on the next date.

Let this matter appear on April 12, 2021 at 2

pm for hearing.

(Shampa Sarkar, J.)