Taniya Ray Alias Taniya Roy vs Sree Sree Partha Sarathi ...
2023 Latest Caselaw 4610 Cal

August 1, 2023 Sl. No.18 Court No.19 s.biswas CO 2409 of 2023

Taniya Ray alias Taniya Roy vs.

Sree Sree Partha Sarathi Developers and others

Mr. Mr. Suddhasatva Banerjee Mr. Meghajit Mukherjee Ms. Mobina Ali ... for the petitioner

An arguable case has been made out by the

petitioner. At the stage of execution, the learned

State Consumer Dispute Redressal Commission,

West Bengal, has directed the decree holder to pay

an amount of around Rs.24 lacs for discharge and

satisfaction of the order passed by the State

Commission.

It appears that the learned National

Commission had directed that an amount of

Rs.38000/- with interest at the rate of 9% per

annum from the date when the amount became due

as per the agreement, be paid by the decree holder.

Such order was upheld by the Hon'ble Apex Court.

In the execution, the judgment debtor was

asked to produce the full calculation of the amount

due. The judgment debtor had produced a

calculation which included dues with regard to the

increased floor area, other costs as per the

agreement and a further amount of Rs.5,88,800/-

with interest. This court is unable to understand

how the additional cost for increased floor area could

be claimed in execution when the learned

commission had held that Rs.38000/- with interest

at the rate of 9% per annum from the date when the

amount became due as per the agreement, was the

only amount payable by the decree holder. The

petitioner shall furnish the accounts as per her

calculation on the next date.

Under such circumstances, there shall be a stay

of operation of the order dated May 2, 2023 passed

in Execution Application No.64 of 2017, up to

December 31, 2023.

Let this matter appear for hearing on October

16, 2023 at 2:00 p.m.

It is made clear that the status quo with regard

to the nature, character and possession of the suit

property shall be maintained by the judgment debtor

and no third party rights shall be created.

(Shampa Sarkar, J.)