M/S Cholamandalam Investment And Finance Company Limited v. Amit Das

OC 4 ORDER SHEET AP-COM/663/2024

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED VS AMIT DAS

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 2nd September, 2024.

Appearance:

Ms. Reshmi Ghosh, Adv.

Mr. Ranjit Singh, Adv.

Ms. Pooja Sett, Adv.

Mr. Ratul Deb Banerjee, Adv.

. . .for the petitioner.

The Court: Learned counsel for the petitioner submits that the petitioner seeks to withdraw the present application under Section 9 and to take out regular execution application in view of the statutory period for preferring a challenge having expired in the meantime.

Accordingly, AP-COM 663 of 2024 is dismissed as withdrawn, with liberty to the petitioner to proceed in accordance with law with execution of the award in question.

The interim order granted earlier on August 12, 2024, to the effect that the award-debtor is restrained by an order of injunction from selling, transferring, dealing with, encumbering and/or parting with possession in respect of the immovable property situated at Stoney Road, Dagarpada, Near Hanuman

Temple, 1st Floor, Chandni Chowk, Cuttack, Odisha, PIN - 753 002 in favour of any third party, as well as that the award-debtor shall set apart a sum of Rs,19,67,499/- from his existing bank accounts, is extended for a fortnight from date. It is made clear that the above order shall be subject to the prayers made by the petitioner before the Executing Court and orders passed thereon. Affidavit of service filed today be kept on record. (SABYASACHI BHATTACHARYYA, J.) SP/