Poonawalla Fincorp Limited v. Patel Agency And ORS.

OC-213

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE [COMMERCIAL DIVISION] EC/177/2022 POONAWALLA FINCORP LIMITED VS PATEL AGENCY AND ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 2nd April, 2024.

Appearance:

Mr. K.K. Pandey, Adv.

The Court:- It is submitted by the award holder that they have been unable to effect service on the award debtor. It is also submitted by the award holder that they have been unable to trace the award debtor and all the postal endorsement have returned with the endorsement 'No such person'. It is submitted on behalf of the award holder that in view of the fact that the judgment debtor is not traceable they do not want to proceed any further with this application.

In such circumstances, EC/177/2022 stands dismissed as withdrawn. Liberty is granted to the award holder to take back the original of the award filed in this proceeding after replacing the same with a photocopy thereof. Liberty is also granted to the award holder to file a fresh application for enforcement of the award, if the circumstances so warrant in accordance with law.

(RAVI KRISHAN KAPUR, J.) SK.