Daya Shankar Dubey & Anr vs Mukta Rani Singh
2022 Latest Caselaw 4658 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              (Civil Writ Jurisdiction)
               WP(C) No. 1876 of 2010

Daya Shankar Dubey & Anr.                               .....    ......   Petitioners
                                      Versus
Mukta Rani Singh                                              ....    .... Respondent
                        ------

CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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      For the Petitioners            : None
      For the Respondents            : Mr. Sumir Prasad, Advocate
                                       Mr. Avishek Chandra, Advocate

                                      --------

The matter is being taken up through Video Conferencing. Learned counsel for the respondents has no objection with it and submitted that audio and video qualities are good.

Order No.05 /Dated: 21st November, 2022 On repeated calls, no body appears on behalf of the petitioners. The matter was earlier taken up on 29.06.2010, when record of Misc. Case No.14 of 1990 was called for from the District Consumer Forum, Ranchi. Thereafter the matter was taken up on 11.02.2020, when on consent of both the parties, the matter was adjourned and again the matter was taken up on 18.10.2020, when the time was granted on the ground that learned counsel for the petitioners, Mr. Sunil Kumar Sinha was suffering from aliment and the matter was adjourned to be listed in the month of November 2022, but today also no body appears on behalf of the petitioners.

It appears that for execution of the order dated 11.05.1999 passed in Complaint Case No.114 of 1996, the Misc. Case No. 14 of 1999 was instituted. From perusal of the record of Misc. Case No.14 of 1999, it appears that order passed in complaint case has been assailed before the appellate court but no stay has been granted. It further appears that judgment debtor was also appeared in the case i.e., Miscellaneous Case No.14 of 1999 and they have informed the Court that appeal has been preferred before the Hon'ble State Commission, Patna.

Since, the record is here, it is not clear whether the appeal has been disposed of or not.

Considering the same, instant writ petition is disposed of with a direction to the judgment debtor that if, the appeal has not been preferred or the same has not been transferred to the State of Bihar after creation of the

State of Jharkhand, he may take recourse within 30 days, but this Court cannot appreciate the behaviour of the judgment debtor that he left appearing on Miscellaneous Case No.14 of 1999, for which initially the bailable warrant of arrest was issued and subsequently, the non-bailable warrant of arrest has been issued only for the purpose of his appearance.

Under the aforesaid circumstances, the Executing Court in Miscellaneous Case No.14 of 1999 is directed to grant three months time to judgment debtor to bring the order of the appellate court and thereafter the execution court shall proceed in the matter.

Accordingly, the writ petition is disposed of. The Lower Court Record be sent back to the District Consumer Forum, Ranchi.

Let a copy of this order be sent to the Bihar State Consumer Redressal Forum for information, that record has been sent to the State of Jharkhand.

(Kailash Prasad Deo, J.) Rohit/-