Kotak Mahindra Bank Limited v. Gourav Lamba & ANR.

OD-77

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/600/2018 KOTAK MAHINDRA BANK LIMITED VS GOURAV LAMBA & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 20th November, 2023.

Appearance:

Ms. S. Das, Adv.

Mr. H. Bhawsingka, Adv.

Mr. Rohan Kumar Thakur, Adv.

The Court : This is an application for execution of an award dated 22nd December, 2013 for an aggregate amount of Rs.1,43,19,047/-. Diverse orders have been passed from time to time. Pursuant to the orders of Court, the warrants or arrest were also executed against the judgment-debtors. A Report dated 29th September, 2023 filed by the Deputy Sheriff reflects that "both the warrantees have not been residing at the mentioned address since last eight years".

In such circumstances, EC/600/2018 stands dismissed by granting liberty to the award-holder to file a fresh execution application if the circumstances so warrant in accordance with law and after ascertaining the exact whereabouts of the judgment-debtors.

(RAVI KRISHAN KAPUR, J.) S.Bag