Edelweiss Retail Finance Limited vs Toshniwal Enterprises Controls ...
2021 Latest Caselaw 1056 Cal/2

OD-47

                                 ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             [Via Video Conference]

                                  EC/214/2020

                 EDELWEISS RETAIL FINANCE LIMITED
                              Versus
           TOSHNIWAL ENTERPRISES CONTROLS LTD. AND ORS.



 BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 22nd September, 2021 Appearance:

Mr. Subhankar Chakraborty, Adv.

Mr. Saptarshi Bhattacharjee, Adv.

...for the decree-holder

The Court : This is an application for execution of an award dated 25 th

October, 2019. It is submitted on behalf of the decree-holder that the award

has become final, binding and enforceable. The award is for sum of

approximately Rs.27 lakhs. Notwithstanding earlier orders of Court none

appears on behalf of the judgment-debtors nor is any accommodation prayed

for on their behalf. An affidavit of service filed on behalf of the decree-holder is

kept with the records.

In view of the aforesaid, there will be an order in terms of prayer (c) of the

Tabular Statement. The judgment-debtors are directed to file affidavit of assets

in Form No. 16A of Appendix-E of the Code of Civil Procedure, 1908 within a

period of eight weeks from date.

It is made clear that in default of filing of such affidavit of assets,

appropriate order for warrant of arrest would be issued against the judgment-

debtors.

The matter is made returnable in the Monthly List of December, 2021.

(RAVI KRISHAN KAPUR, J.)

TO/S.Bag