Kotak Mahindra Prime Ltd vs Amit Manpuria
2021 Latest Caselaw 990 Cal/2

OD-46


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

                                EC/63/2019

                      KOTAK MAHINDRA PRIME LTD.
                                Versus
                            AMIT MANPURIA


 BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 21st September, 2021

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. D. Banerjee, Adv.

MD. A. Saikh, Adv.

The Court: This is an application for execution of an award dated 23 rd

June, 2017. It is submitted by the decree-holder that pursuant to the said

award the judgment-debtor had filed an application under Section 34 of the

Arbitration and Conciliation Act, 1996. However, by an order dated 26 th

November, 2019 a Learned Single Judge had dismissed the application filed by

the judgment-debtor. It is further submitted on behalf of the decree-holder

that there has been no appeal preferred against the order dated 26 th November,

2019.

Accordingly, the award dated 23 rd June, 2017 has become final, binding

and enforceable.

An affidavit of service is also filed on behalf of the decree-holder which

evidences that the judgment-debtor have been duly served.

None appears on behalf of the judgment-debtor nor is any accommodation

prayed for on their behalf.

In view of the aforesaid facts, let there be an order in terms of prayers (b)

and (g) of the Tabular Statement. The judgment-debtor is directed to file his

affidavit of assets in the Form No. 16A of Appendix-E of the Code of Civil

Procedure, 1908 within a period of four weeks from date.

Let this matter appear in the Monthly List of November, 2021.

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

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

debtor.

The decree-holder is directed to serve a copy of this order on the judgment-

debtor and file an affidavit of service on the returnable date.

(RAVI KRISHAN KAPUR, J.)

S.Bag/TO