Calcutta High CourtEC/865/2015dismissed

Tata Motors Finance Ltd. v. Swapna Mukherjee & ANR.

2024-03-21Hon'Ble Justice Ravi Krishan Kapur1 pages

OD-76 EC/865/2015

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE TATA MOTORS FINANCE LTD.

-VersusSWAPNA MUKHERJEE & ANR.

BEFORE :

THE HON'BLE JUSTICE RAVI KRISHAN KAPUR Date : 21st March, 2024.

Appearance:

Mr. S. Chowdhury, Adv.

...for the award-holder.

The Court: The execution application has been pending since 2015. Repeated orders have been passed from time to time. The award-holder has been unable to trace the judgmentdebtor or effect service on them. In such circumstances, the pendency of this application will not enure to the benefit of the award-holder. EC/865/2015 stands dismissed.

Interim order, if any, stands vacated. Warrants of arrest, if any, also stands discharged.

Liberty is granted to the award-holder to take back the original award after retaining a photocopy thereof. Liberty is also granted to file a fresh execution application, in accordance with law, if the circumstance so warrants.

(RAVI KRISHAN KAPUR, J.) As.