M/S. Cholamandalam Investment ... vs Abdul Wali Khan And Anr
2022 Latest Caselaw 338 Cal/2

OD-19
                                   ORDER SHEET
                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE
                               [Via Video Conference]

                                   EC/244/2021

 M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                          Versus
                 ABDUL WALI KHAN AND ANR.

 BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 7th February, 2022 Appearance:

Ms. Pooja Sett, Adv.

The Court: An affidavit of service filed on behalf of the decree-holder be

kept with the records. It appears from the affidavit of service that the

judgment-debtors have refused to accept service of this application. None

appears on behalf of the judgment-debtors nor is any accommodation prayed

for on their behalf.

This is an application for enforcement of an award dated 19 th February,

2021. The award is for a sum of Rs.34,41,800/-. It is submitted on behalf of

the decree-holder that there is no challenge pending against the said award

and the same has become final, binding and enforceable. By an order dated

13th January, 2022 this Court had directed an order in terms of prayer (h) of

the Tabular Statement.

In view of the fact that none appears on behalf of the judgment-debtors

and the award remains unsatisfied till date, let there be an order in terms of

prayer (b) of the Tabular Statement.

The judgment-debtors are directed to file their Affidavit of Assets within a

period of four weeks from date. 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.

Let this matter appear on 7th March, 2022.

The decree-holder is directed to effect service forthwith on the judgment-

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

(RAVI KRISHAN KAPUR, J.)

TO