Kotak Mahindra Bank Ltd v. Maitri Mazumder (Bhowmick) & ANR.

O-111

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/957/2015 KOTAK MAHINDRA BANK LTD VS MAITRI MAZUMDER (BHOWMICK) & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 22nd March, 2024.

Appearance:

Ms. S. Das, Adv.

Mr. Himanshu Bhawsinghka, Adv.

.

The Court: This is an application for enforcement of an award dated 15th April, 2015. By an order dated 25th April, 2016, a warrant of arrest had been issued against the judgment-debtor no. 2. The warrant of arrest has been extended from time to time. The Report filed by the Deputy Sheriff suggests that the judgment-debtor no. 2 is not traceable and the police authorities have been unable to produce the judgment-debtor no. 2. The whereabouts of the judgment-debtor no. 2 remain untraceable and the award-holder has been unable to furnish the same.

In such circumstances, EC/957/2015 stands dismissed. All interim orders stand dismissed The warrants of arrest stand discharged.

Liberty is granted to the award-holder to file a fresh execution application if the circumstances so warrant in accordance with law after ascertaining the exact particulars of the judgment-debtors. Liberty is also granted to the award-holder to take back the original award after replacing the same with a photocopy thereof. (RAVI KRISHAN KAPUR, J.) S.Bag