Kotak Mahindra Bank Limited vs Saisree Engineers Private ...
2022 Latest Caselaw 306 Cal/2

ODC-42
                                 ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             [Via Video Conference]

                                 EC/315/2021

                       KOTAK MAHINDRA BANK LIMITED
                                  Versus
                SAISREE ENGINEERS PRIVATE LIMITED AND ANR.

 BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 7th February, 2022 Appearance:

Ms. Shrayashee Das, Adv.

The Court: This is an application for enforcement of an award dated 14 th

December, 2015. The award is for a sum in excess of Rs.2.75 crores. It is

submitted on behalf of the decree-holder that there is no challenge pending

against the said award and the award has become final, binding and

enforceable.

Pursuant to an earlier order of Court, the Department has filed their

Report. It appears from the said Report that the execution application has

been delivered to the judgment-debtor no. 1. Insofar as the judgment-debtor

no. 2 is concerned, the item has been returned with endorsement "Addressee

left".

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

prayed for on their behalf.

It appears that the judgment-debtor no. 1 has been served a copy of this

application.

In view of the aforesaid, let there be an order in terms of prayer (a) of the

Tabular Statement, insofar as the judgment-debtor no. 2 is concerned. The

decree-holder is directed to effect service or substituted service on the

judgment-debtor no. 2 and file an affidavit of service on the returnable date.

The judgment-debtor no. 2 is also directed to file their Affidavit of Assets in

terms of prayer (a) of the Tabular Statement within a period of four weeks from

date.

Let this matter appear on 14th March, 2022.

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

for warrant of arrest would be issued against the judgment-debtors.

(RAVI KRISHAN KAPUR, J.)

TO