Poonawalla Fincorp Limited vs Dhruv Wellness Private Limited ...
2022 Latest Caselaw 17 Cal/2

ODC-13
                                  ORDER SHEET

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

                                EC/170/2021

                     POONAWALLA FINCORP LIMITED
                                Versus
                DHRUV WELLNESS PRIVATE LIMITED 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 31st

January, 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.18,66,958/-.

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

directed to file their Affidavit of Assets within a period of 14 weeks from date.

The petitioner is represented and submits that notwithstanding service

having been effected but the judgment debtor nos. 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 warrant of arrest would be issued against the judgment

debtors.

(RAVI KRISHAN KAPUR, J.)

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