M/S Cholamandalam Investment And ... vs Md. Sabib Saikh And Anr
2022 Latest Caselaw 643 Cal/2

ODC-15
                                EC/70/2022
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE
                           [COMMERCIAL DIVISION]



      M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                                 VS
                      MD. SABIB SAIKH AND ANR


      BEFORE:
      The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 23rd February, 2022.

Appearance:

Mr. Priyankar Saha, Adv Mr. L. Mandal, Adv.

Ms. M. Banerjee, Adv.

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

March, 2021. The award is for a sum of Rs.37,45,178.00/-. It is submitted on

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

enforceable and there is no challenge pending against the said award.

In view of the aforesaid for the present purposes, there shall be an order in

terms of prayer (h) of the Tabular Statement. It is clarified that the order of

injunction is limited insofar as the immovable properties of the judgment-debtors

are concerned. The decree-holder is directed to serve a notice of the application

along with the execution petition on the judgment-debtors.

It is made clear that in case of non-appearance of the judgment-debtors

appropriate orders would be passed on the returnable date.

Let this matter appear on 15th March, 2022.

In the meantime, the decree-holder is directed to effect service and file an

Affidavit of Service on the returnable date.

(RAVI KRISHAN KAPUR, J.) SK.