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Judgment
13 paragraphs · 388 wordsRajasekhar Mantha, J
The petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through Video Conference.
The instant revisional application under Article 227 of the Constitution of India has been filed challenging the order dated 2nd March, 2020 passed in Execution Case No. EA/25/2018 arising out of judgment dated 21st November, 2017 passed in CC/197/2016. The order has been passed by the District Consumer Redressal Forum, Chinsurah, Hooghly.
It may be noted that the original decree of which the execution case has been filed has been stayed in First Appeal No. 61 of 2020 by the West Bengal State Consumer Disputes Redressal Commission on 4th February, 2020. The matter was posted for further hearing on 5th May, 2020.
In the meantime, the Lockdown declared by the Government of India had taken effect.
In those circumstances, Execution Case No. EA/25/2018 having been stayed, by the State Commission, could not have been taken up for hearing and the interim order dated 4th February, 2020 must be deemed to continue in view of the decision of a Full Bench of this Court.
For the reasons stated hereinabove, the impugned order dated 2nd March, 2020 shall remain stayed. Execution Case No. EA/25/2018 shall also remain stayed until further order of this Court.
The petitioner shall be released on bail upon furnishing of bail of two sureties of Rs.1,00,000/- (Rupees one lac only) each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hooghly.
The petitioner shall serve notice of this revisional application on the opposite parties/decree holders through Registered Speed Post with Acknowledgement Due Card.
A copy of this order may be sent by the Registry of this Court to the Consumer Disputes Redressal Forum, Chinsurah, Hooghly as also the Registrar, West Bengal State Consumer Disputes Redressal Commission.
The State Consumer Disputes Redressal Commission shall take note of the fact that the Presiding Officer of the Consumer Forum has described himself as President of the Forum in the order dated 2nd March, 2020.
Let this matter be listed before the Regular Bench twelve weeks hence when the petitioner shall file affidavit-of-service.
All parties are directed to act on a server copy of this order on usual undertakings.