Tata Motors Finance Solutions ... vs Ambuj Logistics Private Limited ...
2022 Latest Caselaw 1990 Cal/2

ODC 17


                              ORDER SHEET
                               EC/274/2020
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                          COMMERCIAL DIVISION


                  TATA MOTORS FINANCE SOLUTIONS LIMITED
                                    VS
                 AMBUJ LOGISTICS PRIVATE LIMITED AND ANR.



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 19th July, 2022.

Appearance:

Mr. Paritosh Sinha, Adv.

Mr. Saubhik Chowdhury, Adv.

Ms. Tapasika Bose, Adv.

...for the petitioner

The Court: This is an application for execution of an award dated 22nd

October, 2019. It is submitted on behalf of the decree holder that the award

which is less than two years old has become final, binding and enforceable.

There was no challenge to the same. The award is for a sum of

Rs.17,50,084.71/-. In view of the fact that the award has become final, binding

and enforceable, the judgment debtors are directed to file their Affidavit of Asset

in Form No.16 A, Appendix-E of the Code of Civil Procedure, 1908. 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 eight weeks.

The decree holder is directed to forthwith serve a notice on the judgment

debtors and inform them of the returnable date and file an Affidavit of Service in

Court.

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