application for compliance in execution proceeding

 

District : Kolkata South

Before the Hon’ble Consumer Disputes Redressal Forum Kolkata Unit – III, ( Kolkata South ), at Alipore Judges’ Court, Alipore, Kolkata – 700 027.

 

                                                Execution Application no. 42 of 2018

                                                { arising out of CC/204/2017 }

 

                                                In the matter of :

                                                Sri Ananta Mondal,

                                                                   ___________Decree Holder

-      Versus –

Mr. Soumen Chakraborty,

          ____________Judgment Debtor

The humble petition on behalf of the above named Judgment Debtor most respectfully;

Sheweth as under :

 

1.   That the above referred execution proceeding is fixed for payment by the Judgment Debtor to the Decree Holder in terms of the Decree and or Final order and Judgment, passed by the Hon’ble Forum.

 

2.   That it is pertinently states that the decree has been directed for the payment of Rs. 3,00,000/- ( Rupees Three Lakhs ) only by the Judgment Debtor to the Decree Holder, and whereas a substantial amount has been paid by the Judgment Debtor to the Decree Holder, in the present Execution proceeding at first on 30-05-2018, paid as of Rs. 60,000/- ( Rupees Sixty Thousand ) only, and thereafter on 06-07-2018, paid Rs. 80,000/- ( Rupees Eighty Thousand ) only, and thus in total paid as Rs. 1,40,000/- ( Rupees One Lakh and Forty Thousand ) only, out of the said Decreetal Amount of Rs. 3,00,000/- ( Rupees Three Lakhs ) only.

 

3.   That the Judgment Debtor today i.e. 16-08-2018, arrange to make the payment as of Rs. ________________________/- ( Rupees ____________________________________) only, through Demand Draft being number ___________________, dated ________________, to the Decree Holder.

 

4.   That Judgment Debtor in much bad financial conditions, and passes his life in a very mediocre means, thus he is arranging money from his friend and relatives to comply with the direction as given in the decree and or final order and judgment of the Hon’ble Forum.

 

5.   That in view of the facts as stated in the foregoing paragraph, your petitioner being the Judgment Debtor seeks to get a period of one month for arranging the balance payment for the decree holder.

 

6.   That unless the Judgment Debtor get such period of one month to arrange money for balance payment to the Decree Holder, the Judgment Debtor will highly prejudice and suffer with irreparable loss and injury.

 

7.   That the balance of convenience and inconveniences are in favour of the Judgment Debtor, and the Decree Holder will not prejudice.

 

8.   That this application is made bonafide, in the interest of administration of justice.

 

It is therefore, prayed that Your Honour would graciously be pleased to allow this application, and to grant an adjournment of 30 ( thirty ) days as to enable the Judgment Debtor to arrange the balance payment for the Decree Holder, in the interest of administration of justice, and or to pass such other necessary order or orders, as your Honour may deem, fit, and proper, for the end of justice.

And for this act of kindness, the petitioner, as in duty bound shall ever pray.