Srei Equipment Finance Ltd. v. Geeta Patro & ANR.

O-198

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/275/2018 SREI EQUIPMENT FINANCE LTD.

VS GEETA PATRO & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 5th December, 2023.

Appearance:

Mr. Anna Malhotra, Adv.

Mr. R. Maity, Adv.

The Court : This is an application for execution of a decree dated 11th May, 2017. The matter has been adjourned on repeated occasions. Diverse orders have been passed from time to time. The award-holder has not been able to demonstrate any lawful authorization. Admittedly, the award-holder is facing insolvency proceeding before the National Company Law Tribunal and there is nothing to demonstrate that the Advocates appearing on behalf of the award-holder have been duly authorized.

In such circumstances, EC/275/2018 is dismissed with liberty to the award-holder to file a fresh execution application in accordance with law if the circumstances so warrant.

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