Apeal against execution order of distr.forum under cpa.
Querist :
Anonymous
(Querist) 18 September 2011
This query is : Resolved
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.
M/s. Y-not legal services
(Expert) 18 September 2011
Dear author, there distrau forum might be mentioned the time limit for pay the cost for you. Like two or three months. If the respondent not pay any amount mean you have to approach the court in time for execution. You slept more than 5 years.. Before eye of law now only you wake up, also the respondent ready to pay the amount. Court satisfied. Thats it.
prabhakar singh
(Expert) 18 September 2011
only order of STATE COMMISSION WILL reveal.
we can not speculate with out brief at this stage.
Raj Kumar Makkad
(Expert) 18 September 2011
I also go on same line adopted by tom. May any one ask from you "who told you to keep on sleeping for so many years issuing only notices to JD and why didn't you approach to DF to get executed its own order after waiting for 1 or 2 months of passing of order?"
None can be punished for your own lethargic attitude. There is no law to extract more money from JD than provided in order itself. As you failed to understand law and kept on insisting on your whims and wishes, so DF had no option but to dispose of this matter within its power.
Now you are in State Commission and the queries you asked from us are totally belatedly asked. Had you asked these prior to your illegal insistence to provide you maximum money before DF, this situation would not have arrived.
There is no change even on date. You are not entitled for a paisa more than already awarded and accepted by respondent.
Devajyoti Barman
(Expert) 18 September 2011
You concentrate on your execution case , if filed by you.
In execution proceeding the forum after giving sometime issues warrant of arrest to implement the order.
Once that is done the jd complies the judgement.
So press for issuance of wa.
