Kotak Mahindra Bank Ltd. v. Girish S.

O-151

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE EC/553/2013 IA NO: GA/1/2017(Old No:GA/2753/2017 KOTAK MAHINDRA BANK LTD.

VS GIRISH S.

BEFORE:

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

Appearance:

Ms. S. Das, Adv.

...for the award-holder.

The Court : The Affidavit of Service filed on behalf of the award-holder be kept with the records.

It appears from the Affidavit of Service that the items despatched have been returned with the endorsement 'no such person in the address'. This is an application for execution of an award dated 23 May, 2023 and the matter has been pending for approximately a decade. The award-holder has still not been able to obtain the necessary particulars of the award-debtors despite repeated orders having been passed by this Court. In such circumstances, EC/553/2013 stands dismissed. Interim orders, if any, stand vacated.

All connected applications also stand dismissed. Liberty is granted to the award-holder to file a fresh execution application if the circumstances so warrant and if so advised. 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.) spal