Calcutta High CourtEC/578/2014dismissed as non prosecution

M/S. Indusind Bank Ltd. v. Goutam Sen & ANR.

2023-09-04Hon'Ble Justice Ravi Krishan Kapur1 pages

O-15

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/578/2014 M/S. INDUSIND BANK LTD.

VS GOUTAM SEN & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 4th September, 2023.

The Court: It is submitted on behalf of the decree-holder that they have been unable to effect service on the judgment-debtors. The execution application has been pending since 2014. There is an application under Section 34 of the Arbitration & Conciliation Act, 1996 which is also pending. In view of the fact that the decree-holder has been unable to ascertain the whereabouts of the judgment-debtors after a period of almost a decade, EC/578/2014 stands dismissed for non-prosecution. Liberty is granted to the decree-holder to file a fresh execution application if the circumstances so warrant and after ascertaining the whereabouts of the judgment-debtors.

(RAVI KRISHAN KAPUR, J.) s.pal