Kotak Mahindra Bank Limited v. Liberty Drug Corner And ORS.

O-72

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/431/2019 IA NO: GA/1/2020(Old No:GA/559/2020) KOTAK MAHINDRA BANK LIMITED VS LIBERTY DRUG CORNER AND ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 13th March, 2024.

Appearance:

Ms. S. Das, Adv.

...for the award-holder.

The Court: Affidavit of Service filed on behalf of the award-holder be kept with the records.

This is an application for enforcement of an award dated 30 March, 2019. It appears from the said affidavit that the award-holder has been unable to effect service on the award-debtors. The proceeding has been pending since 2019. Repeated orders have been passed from time to time and the award-holder has been unable to ascertain the exact particulars of the award-debtor. In such circumstances, no purpose would be served in proceeding with this execution application any further.

EC/431/2019 stands dismissed.

The connected application being IA NO: GA/1/2020(Old No:GA/559/2020) also stand dismissed as infructuous.

The warrant of arrest, if any, stands discharged.

Liberty is granted to the award-holder to file a fresh execution application after taking necessary steps and ascertaining the exact particulars of the awarddebtor. Liberty is also granted to the award-holder to take back a copy of the original award after replacing the photocopy thereof. (RAVI KRISHAN KAPUR, J.) s.pal