Tata Motors Finance Limited v. Pargat Singh And ANR.

OD-29

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/104/2019 TATA MOTORS FINANCE LIMITED VS PARGAT SINGH AND ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 20th December, 2023.

Appearance:

Mr. Rohan Thakur, Adv.

...for the award-holder.

The Court: This is an application for execution of an award dated 23 February, 2017 for an amount of Rs.23,56,648.61. Repeated orders have been passed from time to time.

It appears from the Report filed by the Deputy Sheriff dated 20 December, 2023 that the award-debtor no.2 has expired as far back as in 2017. Insofar as the award-debtor no.1 is concerned, it appears that he has already been arrested in a complaint filed before the appropriate Court at Punjab. In such circumstances, no purpose would be served in keeping this application pending any further. EC/104/2019 stands dismissed. Liberty is granted to the award-holder to file a fresh execution application if the circumstances so warrant after obtaining necessary particulars in accordance with law.

Liberty is also granted to the award-holder to take back the original award after replacing the same with the photocopy thereof. (RAVI KRISHAN KAPUR, J.) s.pal