LAWS(NCD)-2015-5-112

PHALGUNI DAS Vs. TAPAS DUTTA

Decided On May 14, 2015
Phalguni Das Appellant
V/S
Tapas Dutta Respondents

JUDGEMENT

(1.) J .M.Malik, J 1. Counsel for the petitioner/Judgment Debtor was present. Arguments were heard from him, on 11.05.2015. The respondent/ Decree Holder, Sh. Tapas Dutta, is an Advocate and appears in the Commission, quite late, whenever the case is called. Consequently, on 11.05.2015, we waited for him, till 4.00PM and reserved the case for orders. We waited for him for three days, but he has not turned up. Consequently, we are to announce the judgment on 14.05.2015.

(2.) A bare perusal of the order passed by the State Commission clearly goes to show that it does not stand the scrutiny of law. We had passed the order in RP 1423/2012 and RP 2181/2012, filed between the same parties, on 15.07.2013, with the following observations : -

(3.) WE have gone through the impugned judgment and the statement of accounts submitted by the respondent - Mr. Tapas Dutta. S.L.P. was preferred before the Hon'ble Supreme Court but the same was dismissed. The Apex Court had directed to pay the due amount to the respondent within one month from the date of order by demand draft from a Nationalized Bank.