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SYadav (Law Student)     18 September 2011

Apeal against execution order of distr.forum under cpa.

Dear Sir,

I filed a petition & Distt. Forum ordered on 09.02.2005 that respondent (a reputed co.) to pay me an amount with interest. But respondent had not yet been paid any amount to me as ordered by DF. I am requesting & reminding respndent regularly by oral, written mean and even by Regd.Notices (about five notices) after DF's order till 30/09/2010. But respondent even ask me by letter that what was in DF's order.

It must be noted that neither respondent had depositted any amount as required for appeal, nor respondent made any appeal against DF's said order till now. There is not any reasonable cause for delay.

Then I filed an execution application before DF in 10/2010 u/s.25 & 27 CPA. In last moments of execution case, respondent is ready to pay only ordered amount (not execution expenses) before DF & president of DF convinced with respondent without any legal ground & doesn't want to impose any penalty on respondent & doesn't want to be imprissoned respondent.

I argued that respondent had overlook DF's order for more than 6 (six) years even overlook my oral, written & regd.notices and so, respondent must be punished for that attitude & respondent also tease me for more than 6 (six) years. And therefore, none reason to forgive respondent.

Finally last week, President of DF ordered that "because now respondent ready to pay ordered amount, so no question arises to impose penalty/imprissonment or payment of execution expenses/cost. So, execution apllication not allowed."

Now, agrieved with this order of DF, I have filed an appeal before State Commission againt this execution order of DF.

Please guide me as soon as possible, in these circumstances :
1. Can I get success in this appeal ?
2. Can I get success in impossition a penalty on respondent upto maxium limit ? If yes, please refer case-laws.
3. Can I get success in imprissonment to faulty officers of respondent for their attitude ? If yes, please refer case-laws.
4. Can I get execution & notices & other reasonable & actual expenses of execution proceeds ? If yes, upto which limit ? please refer case-laws.
5. Can I get appeal expenses as well ? If yes, upto which limit ? please refer case-laws.



Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 September 2011

Have you got the order of the Forum rejecting your execution application? You can appeal only against an order of the Forum. Have you received the order? Criminal action against the Opposite Party is difficult. And as for costs it would be only a small amount. Did the respondent offer to pay the interest also? If so you should have accepted the order of the Forum without demanding costs, criminal action etc.


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