Kotak Mahindra Bank Limited v. Arun Lamba & ANR.

O - 144 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/601/2018 IA NO: GA/1/2020(Old No:GA/50/2020) KOTAK MAHINDRA BANK LIMITED VS ARUN LAMBA & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 28th March, 2024.

Appearance:

Ms. Shrayashee Das, Adv.

Mr. Himanshu Bhawsinghka, Adv.

Mr. Rohan Kumar Thakur, Adv.

The Court : It appears from the Report filed by the Deputy Sheriff that judgment debtors are not traceable and the police have been unable to ascertain their exact whereabouts.

This is an application for enforcement of an award dated 25th June, 2013 directing the judgment debtors to pay an amount of Rs.97,95,265.75. Despite orders for issuance of warrant of arrest, the concerned police authorities have been unable to ascertain the exact whereabouts of the judgment debtor.

In such circumstances, EC/601/2018 stands dismissed. Liberty is granted to the award 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 award holder to take back the original of the award dated 25th June, 2013 after replacing the same with a photocopy thereof.

Interim orders, if any, stands vacated.

Warrants of Arrest, if any, stands discharged. (RAVI KRISHAN KAPUR, J.) mg