Srei Equipment Finance Ltd. v. Isuf Ali Khan & ANR.

O-200

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/298/2018 SREI EQUIPMENT FINANCE LTD.

VS ISUF ALI KHAN & ANR.

BEFORE:

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

Appearance:

Mr. Anna Malhotra, Adv.

Mr. R. Maity, Adv.

The Court : 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 to represent the award holder. Admittedly, the award-holder is before the National Company Law Tribunal and there is nothing to demonstrate that the Advocates appearing on behalf of the award-holder have been authorized lawfully by the petitioner. In such circumstances, EC/298/2018 is dismissed with liberty to the award-holder to file a fresh execution application in accordance with law if the circumstances so warrant and if so advised.

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