Calcutta High CourtEC/325/2019dismissed

Kotak Mahindra Bank Limited v. Entrack Overseas Private Limited And ORS.

2024-01-29Hon'Ble Justice Ravi Krishan Kapur1 pages

O-92

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/325/2019 KOTAK MAHINDRA BANK LIMITED VS ENTRACK OVERSEAS PRIVATE LIMITED AND ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 29th January, 2024 Appearance:

Ms. S. Das, Adv.

The Court:- Affidavit of Service filed by the award holder suggests that there has been no service on the judgment debtors till date. In such circumstances, the pendency of this proceeding will not serve any purpose. The award holders have been able to ascertain the exact whereabouts of the award debtors till date. Accordingly, EC/325/2019 stands dismissed. Interim orders, if any, stand vacated.

The warrants of arrest if any stand discharged. Liberty is granted to the award holder to file a fresh execution application after ascertaining the exact whereabouts of the judgment debtors. Liberty is also granted to the award holder to take back the copy of the original award after replacing of the same with a photocopy thereof. (RAVI KRISHAN KAPUR, J.) SK.