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Calcutta High CourtEC/418/2018dismissed as non prosecution

Hdb Financial Services Limited v. Lakhindra Mahato & ANR

2023-10-09Hon'Ble Justice Ravi Krishan Kapur2 pages

O-38

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/418/2018 HDB FINANCIAL SERVICES LIMITED VS LAKHINDRA MAHATO & ANR

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 9th October, 2023.

Appearance:

Mr. Sayak Ranjan Ganguly, Adv.

Ms. Srijani Ghosh, Adv.

The Court: The matter had been appearing in the Warning List. The award-holder is deemed to have had notice that the matter would be taken up today.

By an order dated 21st December, 2021, the award-holder was directed to effect service of notice on the judgment-debtors. The awardholder is not only unprepared but has no instructions in this matter. In view of the indolent and casual attitude of the award-holder, it is obvious that the award-holder is not seriously interested in proceeding with this execution application.

EC/418/2018 stands dismissed for non-prosecution. Liberty is granted to the award-holder to file a fresh execution application if the circumstances so warrant.

Liberty is also granted to the award-holder to take back a copy of the original award after replacing of the same with a photocopy thereof. (RAVI KRISHAN KAPUR, J.) S.Bag