Kotak Mahindra Bank Ltd. v. Krishna Kumar Shah & ANR.

O-171

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/100/2016 KOTAK MAHINDRA BANK LTD.

VS KRISHNA KUMAR SHAH & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 4th December, 2023.

Appearance:

Mr. S. Das, Adv.

The Court : It appears from the Report filed by the Deputy Sheriff that the judgment-debtors could not be found at the address provided by the award-holder.

The matter has been pending since 2016. Obviously, the award-holder has not been able to ascertain and furnish the exact particulars of the awarddebtor. In such circumstances, no purpose would be served in proceeding with this execution application.

EC/100/2016 stands dismissed.

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

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