Axis Bank Ltd vs Xclusive Inn Pvt. Ltd. & Anr
2022 Latest Caselaw 1415 Cal/2

OD-3
                                 ORDER SHEET

                                 EC/323/2018

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                              AXIS BANK LTD
                                    VS
                       XCLUSIVE INN PVT. LTD. & ANR.


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 13th April, 2022


                                                                        Appearance:
                                                              Mr. Joydeep Roy, Adv.
                                                              ...for the award-holder

                                                        Mr. Ramesh Ch. Paul, Adv.
                                                              ...for the respondent

Mr. S. Sinha Roy, Adv.

...Receiver

The Court: Counsel on behalf of the petitioner submits that the matter

has been settled out of Court and accordingly he wishes to withdraw the

execution application. He further submits that the Receiver be directed to hand

over the vehicle to the judgment-debtor as per the terms of agreement.

The Receiver submits that the vehicle is in the physical possession of the

award-holders and accordingly the award-holders are required to assist him to

deliver the same to the judgment-debtor.

In light of the above submission, the judgment-debtor is directed to go to

the premises where the car is kept. The Receiver should be present and should

hand over the keys of the car to the judgment-debtor within a week from date.

In view of the aforesaid, EC/323/2018 is dismissed as withdrawn.

All interim orders stand vacated.

Receiver shall stand discharged after carrying out the aforesaid

assignment. The warrant of arrest, if any, also stands discharged.

All interlocutory applications stand disposed of.

(SHEKHAR B. SARAF, J.)

R.Bhar