Srei Equipment Finance Limited v. Hara Prasad Nayak & ANR

OD-45

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/31/2016 SREI EQUIPMENT FINANCE LIMITED VS HARA PRASAD NAYAK & ANR

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 22nd August, 2023 Appearance:

Mr. Subhankar Chakraborty, Adv.

Ms.R. Manna, Adv.

The Court : This is an application for execution of an award dated 5th August, 2013. By the award the judgment debtors have been directed to pay a sum of Rs.28,49,708/-. Diverse orders have been passed from time to time. The judgment debtors have not yet been produced despite repeated orders of Court. The award holder has also not been able to take any steps to ascertain the whereabouts of judgment debtors.

In such view of the matter, no purpose would be served in keeping this application pending.

EC/31/2016 is dismissed.

Liberty is granted to the award holder to file a fresh execution application, if the circumstances, so warrant.

The award holder is also granted liberty to take back the original copy of the award after replacing of the same with a photocopy thereof. (RAVI KRISHAN KAPUR, J.) D.Ghosh