Idfc First Bank Limited (Formerly M/S Capital First Limited) v. Dalia Sengupta And ORS

OD-40

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/410/2019 IDFC FIRST BANK LIMITED (FORMERLY M/S CAPITAL FIRST LIMITED) VS DALIA SENGUPTA AND ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 20th December, 2023.

Appearance:

Mr. Ranjit Singh, Adv.

Ms. Pooja Sett, Adv.

...for the award-holder.

Mr.Tilak Mitra, Adv.

Ms. Susmita Pal, Adv.

Ms. Jamuna Saha, Adv.

...for the award-debtors.

The Court: By an order dated 18 December, 2023 a supplementary affidavit filed by the award-debtors had been taken on record. There has been no response nor reply filed by the award-holder. The Supplementary Affidavit filed by the award debtors indicates that regular payments have been made by the award-debtors even during the pendency of this proceeding and this fact has not been brought on record by the award holder.

Repeated orders dated 21 September, 2021, 6 July, 2023, 9 August, 2023, 29 August, 2023, 18 November, 2023, 24 November, 2023 and 18 December, 2023 respectively inter-alia seeking extensions of the warrant of arrest of the judgment debtors have been obtained from this Court by concealing such fact of payment. The award debtors have also been unrepresented. In view of the gross misrepresentation and deliberate suppression by the award holder, EC/410/2019 stands dismissed.

All interim orders stand vacated. The warrants of arrest, if any, stand discharged.

(RAVI KRISHAN KAPUR, J.) s.pal