Samasth Infotainment Pvt. Ltd. & ... vs Unknown
2023 Latest Caselaw 1869 Cal

21.03.2023

Srimanta

CRR/742/2023

In the matter of : Samasth Infotainment Pvt. Ltd. & Ors.

Mr. Rajdeep Mazumder, Mr. Mayukh Mukherjee, Mr. Pritam Ray, Mr. Kaustav Lal Mukherjee, Mr. Abhijit Singh ...for the petitioners.

Mr. Bibek Chatterjee, Mr. Tanmoy Chakraborty, Ms. Paramita Sahu, Mr. Sourav Dutta, Ms. Sneha Dutta, Ms. Mahasweta Mukherjee, Ms. Susmita Saha ...for the private opposite parties.

Being aggrieved by the order dated 3rd February, 2023 passed by the learned District Consumer Dispute Redressal Commission at Baruipur in Execution Case No. EA/15/2022 arising out of Case No. CC/45/2021, the petitioners have prayed for quashing or setting aside of the aforesaid order. It is not in dispute that the petitioners are judgment debtors in respect of a consumer case which has been disposed of by the DCDRC, Baruipur. After disposal of the case the opposite party has filed an execution proceeding. It is also not in dispute that the judgment debtors preferred an appeal before the State Consumer Dispute Redressal Commission along with an application under Section 5 of the Limitation Act after depositing a sum of Rs.2,10,000/- being half of the decreetal amount. The application under Section 5 of the Limitation Act is pending for hearing.

At this stage, in the execution proceeding the judgement debtor failed to take any step on 3 rd February,

2023. On that date the executing Court issued fresh warrant of arrest against the petitioners without observing the guidelines passed by this Court in CRR No. 2955/2022 (Samasth Infotainment Pvt. Ltd. & Ors. -Vs.- State of West Bengal & Ors. and also of the Hon'ble Supreme Court in Civil Appeal Nos. 1659-1660/2021 (Rahul S. Shah -Vs.- Jinendra Kumar Gandhi & Ors.).

The instant revision is admitted. Since the private opposite party has already entered appearance requirement of service of notice is dispensed with. The learned Advocate- on-record for the petitioner is directed to serve a copy of the revisional application to the learned Advocate for the private opposite party. The State of West Bengal be served through the learned Public Prosecutor, High Court, Calcutta. Affidavit- of-service be filed within seven days from the date of this order.

In the meantime, execution of warrant of arrest issued by DCDRC, Baruipur on 3rd February, 2023 be stayed for a period of four weeks.

( Bibek Chaudhuri, J. )