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Calcutta High CourtEC/443/2018dismissed

Srei Equipment Finance Limited v. R. Vikash Kumar Reddy & ANR.

2023-10-03Hon'Ble Justice Ravi Krishan Kapur1 pages

OD-56

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/443/2018 SREI EQUIPMENT FINANCE LIMITED VS R. VIKASH KUMAR REDDY & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 3rd October, 2023.

Appearance:

Mr. Rajib Mullick, Adv.

Ms. Sonia Mukherjee, Adv.

Ms. Jyoti Mnondal, Adv.

The Court: The decree-holder is unable to demonstrate any lawful authorization. It is an admitted position that the decree-holder is involved in proceeding before the National Company Law Tribunal. Despite there being no bar in the decree-holder pursuing this proceeding, there is no lawful authorization or representation in favour of the present Advocate. In such circumstances, EC/433/2018 stands dismissed. Liberty is granted to the decree-holder to file a fresh execution application in accordance with law and after a valid lawful resolution of the decree-holder if so advised.

(RAVI KRISHAN KAPUR, J.) S.Bag