M/S Cholamandalam Investment And ... vs Md. Jamirulhaque And Ors
2022 Latest Caselaw 1965 Cal/2

ODC 8


                              ORDER SHEET
                               EC/222/2022
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                          COMMERCIAL DIVISION


   M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                             VS
                  MD. JAMIRULHAQUE AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 15th July, 2022.

Appearance:

Mr. Ranjit Singh, Adv.

Ms. Pooja Sett, Adv.

Ms. Sayoni Chowdhury, Adv.

Mr. Lalratan Mandal, Adv.

The Court: This is an application for execution of an award dated 24th

January, 2022. It is submitted on behalf of the decree-holder that the award has

become final, binding and enforceable. As submitted by the petitioner there is

challenge to the said Award being A.P. No.261 of 2022, but there is no stay of the

said Award. The award is for a sum of Rs.32,67,593.11/-. In view of the fact that

the award has become final, binding and enforceable, the judgment-debtors are

directed to file their affidavit of assets in Form No.16A, Appendix-E of the Code of

Civil Procedure, 1908 within six weeks from the date of communication of the

order. In default of filing of such affidavit of assets, appropriate orders for

issuance of warrant of arrest would be issued against the judgment-debtors.

Let this matter appear after ten weeks.

Counsel appearing on behalf of the judgment-debtors seeks a copy of the

execution application. Accordingly, the decree-holder is directed to forthwith

serve a copy of the execution application upon counsel appearing on behalf of the

judgment-debtors and inform them of the returnable date and file an affidavit of

service in Court on the returnable date.

(SHEKHAR B. SARAF, J.) B.Pal