Srei Equipment Finance Limited vs Dcom Systems Limited And Ors
2022 Latest Caselaw 513 Cal/2

OD-12
                                ORDER SHEET
                       IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE

                                EC/386/2021

                       SREI EQUIPMENT FINANCE LIMITED
                                   Versus
                       DCOM SYSTEMS LIMITED AND ORS.

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 16th February, 2022.

(Via video conference)

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. Rajib Mullick, Adv.

Mr. Sariful Haque, Adv.

Ms. Sonia Mukherjee, Adv.

Mr. Hareram Singh, Adv.

The Court: This is an application for execution of an award dated 22nd

October, 2018. The award is for a sum of Rs.43,75,70,581.09/-. It is submitted

on behalf of the award holder that the award has become final, binding and

enforceable and there has been no challenge to the same. By an order dated

20th January, 2022 this Court had directed notice to be served on the judgment

debtors. The judgment debtors no.1 and 3 are represented and seek an

accommodation. It is also submitted on behalf of the judgment debtors no.1 and

3 that the judgment debtor no.2 has expired.

In view of the aforesaid, the Advocate appearing on behalf of the judgment

debtors no.1 and 3 is directed to give full particulars of the death of the

judgment debtor no.2 to the Advocate appearing on behalf of the petitioner

forthwith.

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

insofar as the judgment debtors no.1 and 3 are concerned. It is made clear that

in default of filing Affidavit of Assets appropriate orders of Warrant of Arrest

would be issued against the judgment debtors no. 1 and 3.

List this matter on 29th March, 2022. In the meantime, the judgment

debtors no.1 and 3 are directed to serve a copy of the Affidavit of Assets on the

Advocate appearing on behalf of the petitioner prior to the returnable date.

(RAVI KRISHAN KAPUR, J.)

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