Srei Equipment Finance Limited vs Sudesh Management Services Pvt ...
2022 Latest Caselaw 106 Cal/2

OD-28
                             EC 369 of 2021
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE


                   SREI EQUIPMENT FINANCE LIMITED
                              VERSUS
            SUDESH MANAGEMENT SERVICES PVT LTD AND ORS.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 17th January, 2022.

APPEARANCE:

Mr. Swatarup Banerjee,Adv.

Mr. Arif Ali,Adv.

The Court :- This is an application for execution of an award dated 12 th

April, 2019. The decree is for a sum of approximately Rs. 14,77,48,004.33.

It is submitted by the decree-holder that there is no challenge to the said

award and the sum has become final, binding and enforceable. The judgment-

debtor is represented and prays for an accommodation. It is submitted on behalf

of the judgmentdebtors that no copy of the award has yet been served on the

judgment-debtors. This submission is disputed by the decree-holder.

In view of the aforesaid, there shall be an order in terms of prayers (b) and

(d) of the Tabular Statement.

It is submitted on behalf of the judgment-debtors that in so far as the

prayer (b) of the tabular statement is concerned, the subject barges have already

been surrendered to the decree-holder as far as back in 2013. If such is the case,

the judgment-debtor is directed to provide the relevant evidence to substantiate

this fact prior to the returnable date.

Let this matter appear on the 7th of February, 2022 for further hearing.

(RAVI KRISHAN KAPUR, J.)

s.chandra