Kotak Mahindra Bank Limited v. Manju Pal & ORS.

OD-28

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/602/2018 KOTAK MAHINDRA BANK LIMITED VS MANJU PAL & ORS.

BEFORE:

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

Appearance:

Mr. Rohan Thakur, Adv.

...for the award-holder.

The Court: This is an application for execution of an award dated 24 June, 2014 for an amount of Rs.53,53,888.55. The proceeding has been filed as far back as in 2018 and repeated orders have been passed from time to time. An initial order directing warrants of arrest was passed as far back as in 2019. It appears from the Report filed by the Deputy Sheriff that no onward communication has been received from the respective Police Station. Repeated orders have been passed for execution of the warrants of arrest. However, there has been no implementation till date. The award debtors are untraceable. In such circumstances, no purpose would be served in keeping this application pending any further. EC/602/2018 stands dismissed. Liberty is granted to the award-holder to file a fresh execution application if the circumstances so warrant after obtaining necessary particulars in accordance with law.

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.pal