Kotak Mahindra Bank Ltd. v. Harbhajan Kaur And ORS

OD-32

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/454/2019 KOTAK MAHINDRA BANK LTD.

VS HARBHAJAN KAUR AND ORS.

BEFORE:

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

Appearance:

Mr. H. Bhowsingka, Adv.

...for the award-holder.

The Court: This is an application for execution of an award dated 22 April, 2014 for an amount of Rs.63,23,423.30. Diverse orders have been passed from time to time. The initial order for issuance of warrants of arrest was passed as far back as in 2021.

It appears from the Report filed by the Deputy Sheriff that the concerned police authorities have been unable to produce either of the award-debtors. The award debtors are untraceable.

In such circumstances, extending the warrants of arrest would serve no purpose. Accordingly, EC/454/2019 stands dismissed. Interim orders, if any, stand vacated. The warrants of arrest, if any, stand discharged.

Liberty is granted to the award-holder to file a fresh execution application if the circumstances so warrant after obtaining necessary particulars in accordance with law.

Liberty is also granted to the award-holder to take back the original award after replacing the same with the photocopy thereof. (RAVI KRISHAN KAPUR, J.) s.pal