W.B.S.E.B. vs PRAHLAD KUMAR MUKHERJEE

THIS is an application dated 15.1.2004 filed by WBSEB under Section 17 read with Section 24B, C.P. Act against the order dated 3.2.2003 and order dated 23.12.2003 passed by the Consumer Forum of North 24 Parganas District in DF Execution Case 20/2003 issuing W.A. against the Chairman of the WBSEB and the Senior Station Superintendent, Barasat GES, WBSEB. The contention of the petitioner is that such an order has been made by the Forum in the Execution Case No. 20/2003 in which the WBSEB is not a party and there is no rhyme or reason for issuing W.A. against them.

THE petitioners have filed xerox copies of the W.A. that was issued by the Forum under the heading "Warrant of Arrest in Execution of Decree". THE number of the case in connection with which this warrant was issued is mentioned on its body as DFC Ex. No. 20/2003. From the Order Sheet of the Record of this case it appears that this case is not relating to the WBSEB. We also find, therefore, that on 21.11.2003 the Forum passed an order issuing W.A. against the O.P. - Jdr. as he was found absent without taking step. THE name of that O.P.- Jdr. of that case appears to be M/s. New Prince Electronics and not the WBSEB. Under such circumstances, it is extremely surprising that the W.A. was issued against the Chairman and Station Superintendent of the WBSEB in connection with this case. This is an instance of extreme callounsess and non-application of mind on the part of the learned President of the Forum under whose signature the warrant was issued. It should be noted that the Order under which the W.A. was issued in Execution Case No. 20/2003 was against the Jdr. of that case who is a different person and nobody has challenged that order. Therefore, there is no scope for our considering reversal of that order. What has been challenged under the present petition is the issuance of W.A. against the present petitioners in connection with Ex. Case No. 20/2003 in which they are not a party.

Under the circumstances this process of W.A. being wrongly issued against the petitioners, the Forum below is directed to recall it forthwith. The Forum shall try to guard against the recurrence of similar instances of carelessness which is found to be fraught with dangerous consequences.

WITH this observation the petition is disposed of. The LCR of the Ex. Case No. 20/2003 as well as Ex. No. 10/2002 be returned to the Forum below at once. Petition disposed of.