Kotak Mahindra Bank Ltd v. Blue Sharks Auto Works Pvt. Ltd. & ANR.

OD-16

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE EC/776/2014 KOTAK MAHINDRA BANK LTD VS BLUE SHARKS AUTO WORKS PVT. LTD. & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 1st December, 2023.

Appearance:

Ms. S. Das, Adv.

Mr. Himanshu Bhawsinghka, Adv.

...for award holder.

The Court : This is an application for execution of an award dated 18 June, 2014 for an aggregate amount of Rs.1,69,22,755.38/-. Diverse orders have been passed from time to time. However, no portion of the decree has been satisfied till date. The orders passed in the execution petition reflected that the warrant of arrest issued since 2017 have not yet been executed. Repeated orders have been passed extending the time to execute the warrant of arrest. It is obvious that the mode and manner for satisfaction of decree, which is sought to be availed by the award holder, has not been satisfactory. In such circumstances, EC/776/2014 stands disposed of as infructuous. Liberty is granted to the award holder to file a fresh execution application if the circumstances so warrant in accordance with law. Liberty is also granted to the award holder to take back a copy of the original award after replacing of the same with a photocopy thereof. The warrant of arrest stands discharged.

(RAVI KRISHAN KAPUR, J.) SK.