Kotak Mahindra Bank Ltd. v. Sanjay Kumar & ANR.

OD-9

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/509/2013 KOTAK MAHINDRA BANK LTD.

VS SANJAY KUMAR & ANR.

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 a decree dated 18 June, 2012 for an amount of Rs.11,50,209.71. Diverse orders have been passed from time to time.

By orders dated 4 December, 2023 and 9 October, 2023 respectively, the warrant of arrest was peremptorily extended on the ground that the awardholder was to effect proper and valid service on the award-debtors. None appears on behalf of the award-debtors nor is any adjournment prayed for on their behalf.

The award-holder is unable to satisfy this Court as to whether proper or valid service has been effected on the award-debtors. In such circumstances, EC/509/2013 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