Tata Motors Finance Limited v. Sairul Haque

O-112

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/1060/2015 TATA MOTORS FINANCE LIMITED VS SAIRUL HAQUE

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 13th March, 2024.

Appearance:

Mr. Saubhik Chowhdury, Adv.

...for the award-holder.

The Court: The Report dated 8 January, 2024 filed by the Deputy Sheriff suggests that the award-debtor is not traceable. This is an application for enforcement of an award dated 29 April, 2014. The proceeding has been pending since 2015. Repeated orders have been passed from time to time and the award-holder has been unable to ascertain the exact particulars of the award-debtor.

In such circumstances, no purpose would be served in proceeding with this execution application any further.

EC/1060/2015 stands dismissed.

Interim orders, if any, stand vacated.

The warrant of arrest, if any, stands discharged. Liberty is granted to the award-holder to file a fresh execution application after taking necessary steps and ascertaining the exact particulars of the awarddebtor. Liberty is also granted to the award-holder to take back a copy of the original Award after replacing the same with a photocopy thereof. (RAVI KRISHAN KAPUR, J.) s.pal