Poonawalla Housing Finance ... vs Meena Sivraj Mudaliar And Ors
2022 Latest Caselaw 15 Cal/2

ODC-22
                                    ORDER SHEET

                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE

                                  EC/185/2021

                    POONAWALLA HOUSING FINANCE LIMITED
                                  Versus
                      MEENA SIVRAJ MUDALIAR AND ORS.

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 4th January, 2022.

Appearance:

Mr. Paritosh Sinha, Adv.

The Court: This is an application for execution of an award dated 29th

August, 2020. None appears on behalf of the judgment debtors nor is any

accommodation prayed for on their behalf. The award is for a sum of

Rs.58,48,509/-.

By an order dated 21st September, 2021 the judgment debtors were

directed to file their Affidavit of Assets.

The petitioner is represented and submits that notwithstanding service

having been effected but the judgment debtor nos. 1,2,3 and 4 no Affidavit of

Assets have been filed till date.

It is also submitted on behalf of the petitioner that there is no challenge to

the said award and same has become final, binding and enforceable.

As a last chance time to file affidavit of assets is extended for a period of

four weeks from date.

Let this matter appear on 7th February, 2022. In the meantime, the decree

holder is directed to forthwith effect service of notice to all the judgment debtors

and file an Affidavit of Service on the returnable date.

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

order for issuance of warrants of arrest would be passed against the judgment

debtors.

(RAVI KRISHAN KAPUR, J.)

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