Tata Motors Finance Limited v. Pappu Shaw

O-94

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE EC/112/2015 TATA MOTORS FINANCE LIMITED VS PAPPU SHAW

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 5th March, 2024.

Appearance:

Mr. Soubhik Chowdhury, Adv.

...for petitioner.

The Court:- This is an application for enforcement of an award dated 7 February, 2014 for an amount of Rs.13,81,724.62/-. Repeated orders have been passed from time to time.

A Report dated 8 January, 2024 filed by the Deputy Sheriff suggests that the warrantee is not traceable and has left last known address five years ago. The matter has been heard on repeated occasions and a warrant of arrest has been issued against the judgment debtor.

In view of the fact that the judgment debtor is untraceable, no purpose would be served in proceeding with this application for enforcement of an award dated 7 February, 2014 any further.

EC/112/2015 stands dismissed.

Liberty is granted to the award holder to file an appropriate application in accordance with law after ascertaining the exact particulars of the judgment debtor.

Liberty is granted to the award holder to take back the copy of the original award after replacing the same with a photocopy thereof. All interim orders, stand vacated.

The warrant of arrests, if any, shall remain stayed. (RAVI KRISHAN KAPUR, J.) SK.