Agartala: A local court in Tripura issued warrants against Food Corporation of India (FCI) officials, directing the authorities concerned to attach the movable property of FCI while hearing an execution petition.
Civil Judge, Senior Division, T Debnath passed the order considering the petition filed by decree-holder Namita Paul.
Speaking on the issue, advocate Raju Datta, representing the appellant in Court, said, “In 2016, my client moved the High Court of Tripura and filed a Regular First Appeal (RFA) with a complaint that despite her farm carrying out all the assigned works in due time with satisfactory results, the security deposit amounting to Rs 54 lakh and losses suffered due to the FCI were withheld. Paul’s farm has been awarded the contract of carrying FCI products from one place to another.”
According to Datta, the high court division bench comprising Justice Subhasish Talapatra and SG Chattopadhayay gave a judgment in their favour and directed the FCI to release the withheld money within two months.
But, he said, instead of releasing the money, the FCI challenged the High Court judgment in the Supreme Court of India where their appeal was dismissed. Despite that the FCI did not release the security deposit causing serious losses, he added.
“Finally, we filed an execution suit with the Civil Judge senior division. After hearing arguments of both sides, the Court issued the warrants,” Datta added.
“It is a settled law and an executing court can go beyond a decree. In the present case no stay order has been passed by any court in respect of the judgment and decree dated 26.02.2021 passed by the Hon’ble High Court of Tripura in RFA 14 of 2016. Moreover, this executing court is in no way concerned with the fate of the counterclaim, if any, filed by the JDs (Judgment Debtor) against the DH (Decree Holder). The only question in this case is as to the execution of the decree against which there is no stay. Therefore, considering the above the prayer of the JDs is rejected. Issue warrant of attachment of the movable properties of the JD, if requisites are submitted by the DH in proper form,” the order reads.
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