Poonawalla Fincorp Limited v. Sanjay Singh & ANR.

OD-19

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC-COM/43/2024 [Old No. EC/538/2018] POONAWALLA FINCORP LIMITED VS SANJAY SINGH & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 21st March, 2024.

Appearance:

Mr. K. K. Pandey, Adv.

The Court: This is an application for enforcement of an award dated 29th June, 2015.

The application has been pending since 2018 and repeated orders have been passed from time to time.

By an order dated 9th January, 2024, the award-holder was directed to take instructions.

Significantly, despite repeated orders of Court and the time to execute the warrants of arrest having been extended 14th December, 2018, the awarddebtors have not yet been produced. The different Reports filed by the Department suggests that the award-debtors are untraceable and the correct particulars of their address have not been furnished by the award-holder. In such circumstances, no purpose would be served in keeping this application pending.

EC-COM/43/2024 in Old No.538/2018 stands dismissed. The warrants of arrest, if any, stand discharged. All connected applications also stands dismissed.

Liberty is granted to the award-holder to file a fresh execution application after obtaining the exact particulars of the award-debtors. 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.Bag