Tata Motors Finance Limited v. Md. Mobarak & ANR.

OD-19

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE EC/844/2015 TATA MOTORS FINANCE LIMITED VS MD. MOBARAK & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 14th August, 2023.

Appearance:

Mr. Sayak Ranjan Ganguly, Adv.

Ms. Srijani Ghosh, Adv.

The Court : It is submitted on behalf of the decree holder that they have been unable to effect service on the judgment debtor. The secured asset is not traceable. In such circumstances, the decree holder prays for liberty to withdraw this application and file a fresh application. Accordingly, EC/844/2015 is 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 a copy of the original award after replacing of the same with a photocopy thereof. (RAVI KRISHAN KAPUR, J.) SK.