Kotak Mahindra Bank Ltd. v. Ramji Lal Shukla & ANR.

O-267

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/576/2015 IA NO: GA/1/2017(Old No:GA/2463/2017), GA/2/2020(Old No:GA/555/2020) KOTAK MAHINDRA BANK LTD.

VS RAMJI LAL SHUKLA & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 23rd November, 2023.

Appearance:

Mr. P. Sinha, Adv.

Mr. Himangsu Bhowsingka, Adv.

...for the decree-holder.

The Court: This is an application for execution of a decree dated 24 June, 2014. The decree is for a sum of Rs.34,05,884/-. Diverse orders have been repeatedly passed at the instance of the decreeholder. The Report filed by the Deputy Sheriff reflects that "the warrantee has not been residing at the mentioned address".

In such circumstances, no purpose would be served in proceeding with this execution application.

Accordingly, EC/576/2015 stands dismissed.

Liberty is granted to the decree-holder to file a fresh execution application in accordance with law after ascertaining the exact whereabouts of the judgment-debtors.

Liberty is also granted to the decree-holder to take back the certified copy of the award after replacing the same with the photocopy thereof. With the aforesaid directions, all the applications being GA/1/2017(Old No:GA/2463/2017), GA/2/2020(Old No:GA/555/2020) and EC 576 of 2015 stand disposed of.

(RAVI KRISHAN KAPUR, J.) s.pal