Cholamandalam Investment And ... vs Mamoni Naskar And Anr
2022 Latest Caselaw 2246 Cal/2

ODC 17


                              ORDER SHEET
                               EC/239/2022
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                          COMMERCIAL DIVISION


     CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                             VS
                   MAMONI NASKAR AND ANR.



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 23rd August, 2022.

                                                                         Appearance:
                                                           Ms. Shrayashee Das, Adv.
                                                              Mr. Jishnujit Roy, Adv.
                                                    ...for the petitioner/award-holder


      The Court: This is an application for enforcement of an Award dated May

10, 2021. The documents annexed to the application show that the Award was

served upon the respondents/judgment-debtors.           The debt has not been

discharged. It is submitted that the Award is not under challenge and the

statutory period to challenge the Award has expired in the meantime.

Under such circumstances, there shall be an order in terms of prayers (d)

and (e) of column 10 of the tabular statement.

Mr. Jayanta Sengupta, Advocate (Mob. No.9231500518), is appointed as

Receiver to take possession of the vehicle described in paragraph 3 of the

affidavit in support of the tabular statement after making an inventory thereof.

The Receiver shall keep the said asset at a place to be provided by the

petitioner/award-holder.

The Receiver shall be entitled to an initial remuneration of Rs.75,000/-

and all expenses on account of the Receiver's travel, accommodation and the like

shall be borne by the petitioner/award-holder at the first instance.

The matter is made returnable four weeks hence.

The petitioner/award-holder is directed to serve a copy of this application

along with a copy of this order upon the respondents/judgment-debtors through

registered post with acknowledgment due card and shall file an affidavit of

service on the returnable date.

(SHEKHAR B. SARAF, J.)

B.Pal