Magma Fincorp Limited vs S V R Enterprise And Ors
2021 Latest Caselaw 438 Cal/2

ODC-7
                                ORDER SHEET

                                EC/311/2020

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            (Commercial Division)

                         MAGMA FINCORP LIMITED
                                  Versus
                        S V R ENTERPRISE AND ORS.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 28th June, 2021.
  [Via Video Conference]

                                                                         Appearance:
                                                             Mr. Paritosh Sinha, Adv.
                                                                   ...for the petitioner



         The Court : This is an application for executing an Award dated 19th

  November, 2019. The award-holder is entitled to a sum of approximately

  Rs.21 lakhs.

         The Advocate-on-Record of the decree-holder submits that the

  execution application was filed within two years of the Award and hence, the

  decree-holder is entitled to move without notice to the award-debtors. Since

  the award-holder is not aware of the assets of the award-debtors, he seeks a

  direction for the award-debtors to file their affidavits of assets. The award-

  debtors are, accordingly, directed to file their affidavits of assets within 10

  weeks from date.
                                            2


            The decree-holder will communicate this order to the judgment-

     debtors within 24 hours from date and in the event the judgment-debtors fail

     to file their affidavits of assets in appropriate form or within the time

     specified, appropriate orders including warrant of arrest will be passed on

     the next occasion.

            Let the matter appear after 12 weeks from date.

            Urgent certified website copies of this order, if applied for, be supplied

to the parties subject to compliance with all requisite formalities.

            .

(MOUSHUMI BHATTACHARYA, J.)

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