Kotak Mahindra Bank Ltd. v. Thirumala Earth Movers And ANR.

ORDER SHEET OCD-9 EC/18/2023

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION ORIGINAL SIDE KOTAK MAHINDRA BANK LIMITED VS THIRUMALA EARTH MOVERS AND ANR.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 13th December, 2024.

Appearance:

Ms. Shrayoshee Das, Adv.

Mr. Rohan Kumar Thakur, Adv.

Mr. Tridibesh Dasgupta, Adv.

...for the award-holder The Court: Petitioner/award-holder submits that the judgmentdebtor is not traceable and wishes to withdraw the application with liberty to file afresh on the selfsame cause of action once the judgment-debtor can be traced.

EC 18 of 2023 is dismissed as withdrawn with liberty to file afresh subject to law of limitation.

(SHAMPA SARKAR, J.) TR/