Axis Bank Ltd v. Xclusive Inn Pvt. Ltd. & ANR.

OD-3 ORDER SHEET EC/323/2018

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AXIS BANK LTD VS XCLUSIVE INN PVT. LTD. & ANR.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 13th April, 2022 Appearance:

Mr. Joydeep Roy, Adv.

...for the award-holder Mr. Ramesh Ch. Paul, Adv.

...for the respondent Mr. S. Sinha Roy, Adv.

...Receiver The Court: Counsel on behalf of the petitioner submits that the matter has been settled out of Court and accordingly he wishes to withdraw the execution application. He further submits that the Receiver be directed to hand over the vehicle to the judgment-debtor as per the terms of agreement. The Receiver submits that the vehicle is in the physical possession of the award-holders and accordingly the award-holders are required to assist him to deliver the same to the judgment-debtor.

In light of the above submission, the judgment-debtor is directed to go to the premises where the car is kept. The Receiver should be present and should hand over the keys of the car to the judgment-debtor within a week from date. In view of the aforesaid, EC/323/2018 is dismissed as withdrawn. All interim orders stand vacated.

Receiver shall stand discharged after carrying out the aforesaid assignment. The warrant of arrest, if any, also stands discharged. All interlocutory applications stand disposed of. (SHEKHAR B. SARAF, J.) R.Bhar