Kotak Mahindra Bank Ltd. v. Md. Shahajahan And ANR.

ODC-5

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE [Commercial Division] EC/298/2023 KOTAK MAHINDRA BANK LTD.

VS MD. SHAHAJAHAN AND ANR.

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 2nd July, 2024 Appearance:

Mrs. Shrayashee Das, Adv.

Mr. Himanshu Bhawsinghka, Adv.

Mr. Rohan Kumar Thakur, Adv.

...for award holder The Court:- Learned Counsel for the award holder seeks to withdraw the execution application on the ground that the award debtor could not be traced out despite best efforts, with leave to file in future in the event the award debtor is traced out.

In view of the above prayer, EC/298/2023 is dismissed as withdrawn with liberty to the award holder to file afresh in future, subject of course to the laws of limitation, in the event the award debtor is traced out. (SABYASACHI BHATTACHARYYA, J.) SK.