Citation : 2022 Latest Caselaw 20 Cal/2
Judgement Date : 4 January, 2022
ODC-18
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/178/2021
POONAWALLA FINCORP LIMITED
Versus
SANTOSH NARAYAN KARLEWAR AND ANR.
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, 2019. 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.30,32,525/-.
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. 1 and 2 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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