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VGGoswami (Lawyer)     12 September 2011

Execution of order u/s 25 & 27 cpa

Dear Sir,

I have filed a petition & Distt. Forum has 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 Registered 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 respondent had not 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 have filed an execution application in 10/2010 u/s.25 & 27 CPA. Now, respondent is ready to pay only ordered amount with interest (not execution expenses)before DF & president convinced with respondent & doesn't want to impose any penalty & doesn't want to be imprissoned respondent, because now respondent ready to pay ordered amount with interest, so no question arises to impose penalty/imprissonment or payment of execution expenses/cost.

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

Please guide me as soon as possible, in this circumstances :

1. Can I get success in impossition a penalty on respondent upto maxium limit. If yes, please refer case-laws.

2. Can I get success in imprissonment to faulty officers of respondent ? If yes, please refer case-laws.

3. Can I get execution & notices & other reasonable & actual expenses of execution proceeds ? If yes, please refer case-laws.

 1 Replies

nilesh (lawyer)     04 August 2012

sec 25 & 27 of the CPA is exclusively for the enforcement of the order, if the order discloses the interest till the amount actually get materilaise, then what is harm in this, further in my opinion as the execution court cannot go beyond the decree, u won't get enything, more then the order 

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