Poonawalla Fincorp Limited v. Ganeshkrupa Enterprises And ORS.

OC-201

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE [COMMERCIAL DIVISION] EC/156/2021 POONAWALLA FINCORP LIMITED VS GANESHKRUPA ENTERPRISES AND ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 2nd April, 2024.

Appearance:

Mr. Paritosh Sinha, Adv.

Mr. K.K. Pandey, Adv.

Ms. Enakshi Saha, Adv.

...for petitioner. .

The Court:- It is submitted by the award holder that they have been unable to effect service on the award debtor. By an order dated 17 November, 2023, the award holder had been granted 7 to 8 weeks time to serve the award debtor. It is also submitted by the award holder that they have been unable to trace the award debtor and all the postal endorsements have returned with the endorsement "No such person".

This is an application for enforcement of an award was filed as far back as on 28 August, 2020. The award holder had not been able to ascertain the exact particulars of the award debtors for more than four years. In such circumstances, EC/156/2021 stands dismissed. Liberty is granted to the award holder to file a fresh execution application if the circumstances so warrant in accordance with law.

Liberty is also granted to the award holder to take back the original of the award filed in this proceeding after replacing the same with a photocopy thereof. With the aforesaid directions, EC/156/2021 stands dismissed. (RAVI KRISHAN KAPUR, J.) SK.