Kotak Mahindra Bank Ltd. v. Akbar Ali & ANR.

O - 107 EC/655/2015 IA NO: GA/1/2017(Old No:GA/2477/2017)

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE KOTAK MAHINDRA BANK LTD.

VS AKBAR ALI & ANR.

BEFORE:

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

The Court : This is an application for enforcement of an award dated 10 February, 2014, the award debtors were directed to pay an amount of Rs.28,53,212/-. The proceeding has been pending since 2015 and repeated orders for execution of warrant of arrest have been extended by this Court. The Report dated 4 March, 2024 filed by the Deputy Sheriff suggests that the award debtor are untraceable.

In such circumstances, no purpose would be served in keeping this application pending. EC/655/2015 stands dismissed. Liberty is granted to the award holder to file a fresh execution application if the circumstances so warrant in accordance with law. Liberty is also granted to the award holder to take back the original of the award filed in this proceeding after replacing the same with the photocopy thereof.

Interim orders, if any, stand vacated.

The warrant of arrest if any stands discharged. (RAVI KRISHAN KAPUR, J.) SK