Srei Equipment Finance Limited vs Karunamoyee Construction Pvt. ...
2021 Latest Caselaw 1230 Cal/2

OD-46

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

                               EC/63/2020

                SREI EQUIPMENT FINANCE LIMITED
                            Versus
          KARUNAMOYEE CONSTRUCTION PVT. LTD. AND ANR.



 BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 30th September, 2021

Appearance:

Mr. Swatarup Banerjee, Adv.

The Court:- This is an application for execution of an award dated 5 th

September, 2017.

It is submitted on behalf of the decree-holder that the said award has

become final, binding and enforceable and there is no challenge to the said

award.

The award is for a sum of approximately Rs.82 lakhs.

In view of the fact that the award remains unsatisfied, the judgment

debtors are directed to file their affidavit of assets in Form No. 16A of

Appendix-E of the Code of Civil Procedure, 1908 on or before the returnable

date.

It is made clear that in default of filing of such Affidavit of Assets,

appropriate orders for warrant of arrest would be issued against the judgment

debtors.

In the meantime, the decree-holder is also directed to effect substituted

service by way of publishing an advertisement in two newspapers, one in a

vernacular daily and one in an English newspaper of wide circulation in the local

jurisdiction where the judgment debtors reside.

Let this matter appear on 15th November, 2021.

(RAVI KRISHAN KAPUR, J.)

S.Bag/TO