Srei Equipment Finance Ltd v. Prakash Kumar & ANR

OD-59

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/451/2018 SREI EQUIPMENT FINANCE LTD VS PRAKASH KUMAR & 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/451/2018 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