Aditya Birla Finance Limited vs Nataraj Healthcare And Ors
2022 Latest Caselaw 2990 Cal/2

ODC 21
                            ORDER SHEET
                             EC/369/2022
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                        COMMERCIAL DIVISION


                      ADITYA BIRLA FINANCE LIMITED
                                   VS
                      NATARAJ HEALTHCARE AND ORS


 BEFORE:
 The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 12th December, 2022.

Appearance:

Mr. Ranjit Singh, Adv.

Ms. Pooja Sett, Adv.

The Court: The affidavit of service filed on behalf of the award-holder

be kept with the records. It appears from the said affidavit that, the service

has not been effected upon since the award debtors no.1 Left without

instruction and the services has been effected on the award debtors no.2 & 3.

This is an application for execution of an award dated 30th December,

2021. It is submitted on behalf of the decree holder that the award has

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

Rs.13,71,861.00/-. In view of the fact that the award has become final,

binding and enforceable, the judgment debtor is directed to file his affidavit of

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

twelve weeks from the date of communication of the order. In default of filing

of such affidavit of assets, appropriate orders for issuance of Warrant of Arrest

would be issued against the judgment debtor.

Let this matter appear after twelve weeks.

The decree holder is directed to forthwith serve a notice upon the

judgment debtors and inform them of the returnable date and file an affidavit

of service in Court.

(SHEKHAR B. SARAF, J.)

sp/