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Application under rule 21, 37 and 38 consumer disputes act

BEFORE THE PRESIDING OFFICER, DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST), SAINI ENCLAVE, DELHI

In Re:- Execution Petition No………..2011

Ajay Kumar Sharma D.H

Versus

Dell India Pvt Ltd & Ors J.D.

APPLICATION UNDER ORDER 21 RULE 37 & 39 READ WITH SECTION 51, 55, AND 151 C. P.C. 1908 FOR ARREST OF THE JUDGEMENT DEBTOR AND DETENTION OF THE DUDGEMNET DEBTOR IN CIVIL PRISION

Most Respectfully showeth:-

1. The Award / Decree holder , Sh Ajay Kumar Sharma, is a lawful and peace abiding citizen of India.

2. That the D.H. had filed a consumer complaint no. 305/10 against opposite parties no.1 -3 and the Hon’ble Court was pleased to pass the award ex-parte in favor of the D.H. on 16/08/10.

3. That the judgement debtor has failed to abide by the decree and has not paid the dues.

4. That the J.D. is a multi-national company, having its various offices at delhi and other cities of India and is in the business of selling advanced Laptops but is intentionally avoiding to discharge the decree. That despite having means to pay the amount of decree the J.D. is not paying the amount due under the Decree.

5. That the J.D has the means to pay the amount of the decree and has intentionally neglected to pay the decretal amount and has no regards for the Order of the Court.

6. That due to utter disregard of and on failure to comply with the orders of the Hon’ble Court and due to J.D.’s Failure to make payment of the awarded amount despite having means to satisfy the decree / award, the D.H. has been constrained to approach this Hon’ble Court to order and direct that the J.D. may be arrested in execution of Decree award and before this Hon’ble Court so that further order for recovery of amount due / detention of J.D. in Civil Prison may be passed.

PRAYER:-

It is therefore most respectfully prayed before this Hon’ble Court that this Hon’ble Court be pleased to:-

1. Pass an order directing the arrest of the J.D. and direct that the J.D. be prdduced before the Hon’ble Court so that amount is recovered of Order be passed against J.D. for his detention in civil prison.

2. Pass any other further order in the facts and circumstances of the case, which this Hon’ble Court deems fit and proper in the interest of the applicant as well as in the interest of justice.

Date: Application

Through

Place: Counsel

(Advait Gadadhar Law Firm)

Consumer Disputes Redressal Forum (form)

BEFORE THE PRESIDING OFFICER, DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST) SAINI ENCLAVE, DELHI

IN RE:- ECECUTION PETITION NO……….

IN CASE NO.

DECIDED ON.

First Party D.H

Vs

Second Party J.D.

I …………………. The Award / Decree Holder, hereby for execution of the Award / Decree herein –below set forth:-

1.	Number of Suit
2.	Names of Parties	First Party Vs. Second Party
3	Date of Award/ Decree
4.	Whether any appeal preferred from decree	No/yes
5.	Payment or adjustment made, if any.	Rs. Nil
6.	Previous application, if any, with date and result	This is First/Second Application
7.	Amount with interest due upon the decree of other relief granted thereby together with particular of any cross-decree.
8.	Amount of costs, if any awarded.	Nil
9.	Against whom to be executed.
10.	Mode in which the assistance of the court is required.

The Hon’ble Court may be pleased to issue such orders as may be required for satisfaction of the award / decree, which this Hon’ble court may deem fit and proper in the circumstances of the case.

Date:

Through

Place: Counsel

( Advait Gadadhar Law Firm)

Judgement of the day

BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL DELHI

(APPLICATION UNDER SECTION 166 AND 140 OF THE MOTOR VEHICLE ACT 1988 FOR GRANT OF COMPENSATION


This case between Md Shamim Vs Ravinder Kumar Petition No. 128/2009 and F.I.R No 24/09

The Brief facts as stated in the petion are that on 15.03.09 the injured was going on foot towards

Gulabi Bagh From Ajad Market. At about 5.20 pm when he reached at road no. 40 near metro

pillar no. 118 Gulabi Bagh, Suddenly a Wagaon R Car bearing No DL1C I 3611 being driven at a

high speed and in a rash and negligent manner by respondent no.1 come from azad market side

and hit the injured with a great force. Due to the forceful impact, the injured fell down on the

road and sustained grievous injuries on his body, The injured was removed to Bara Hindu Rao

Hospital, where he was found to have sustained grievous injuries vide MLC bearing no. 1831/09

A case bearing FiR no, 24/09 was registered at ps Gulabi bagh Delhi U/S 279/338 IPC Against

Respondent no.1

Complainant was 25 year old he earning 11000/- pm and vehicle is insured.

Written Statement given by respondent cousel

and he told to court complaint has intoxicated the time of accident


Issues were Framed by the Predecessor of the Court

1. Whether the petitioner sustained injuries in an accident on 15.3.10 at about 5.20 pm due to

rash and negligent driving of wagon r Car bearing no DL1C L-3611 by respondent no.1

2.So petitioner is entitled to get any compensation ? is so to wat amount and from whom?

3. Relief.

Hon'ble Heared and Passed the awarded

1. Medical Expenses & Treatment Rs. 01000/-

2. Pain & Sufferings Rs 25000/-

3. Loss of income Rs 8000/-

4. Attendant CargesRs 04000/-

5. Conveyance Rs 02000/-

6. Special Diet Rs 02000/-

Hence, The petitioner is awarded a total compensation of Rs. 42,000/- The

Petitioner shall also be entitled to the interest upon the total amount @ 7.5 % Perusal of the

record shows that the interest on the award was stopped wide order dated 13.10-2009 of this

Court wef 08.09.2009 till conclusion of PE. Therefore petitioner shall be awarded the interest @

7.5% from the date of institution of the petition i.e. 17.042009 till 7.09.2009 and theragter, from

30.11.2009 till realization.


Liability:- R-1 driver of the offending vehicle and R-2 the owner of the offending

vehicle at the time of accident are joint tort feasors and hence, jointly and

severally liable to .pay the compensation amout to the petitioner while R-3,

Future General India Insurance Company Ltd being the insurer of the offending

vehicle is liable to indemnity R-2

Relief:-

In View of my findings on issue no.1 and 2 above, I award a total compensation of Rs 42,000/- to

the petitioner. The Petitioner shall be awarded the interest @ 7.5 % from the date of institution

of the petition i.e. 17.04.09 till 07.09.2009 and thereafter, from 30.11.2009 till realization.

R-3, Future General India Insurance Company Ltd. is directed to deposit the amount of

compensation awarded to the petitioner by way of a crossed cheque with the Tribunal within 30

days form today.

File be consigned to the Record Room.

Announced in open Court

Today i.e. on 15.02.2010

(Seema Maini)

Judge/MACT Delhi

Your day in Court

It is Possible that Your Day may have not being good in court because court decision is not in

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you admit that you are just not in the mood to return phone calls that

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repeatedly you will contact them when progress has been made on their

respective case, yet they still call. An answer to your possible

frustration … law firm websites extranets.

You