Apcotedx Industries Ltd vs Unisol Corporation
2022 Latest Caselaw 900 Cal/2

ODC-14
                                    EC/55/2019
                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE
                               (Via Video Conference)


                              APCOTEDX INDUSTRIES LTD.
                                         VS
                                UNISOL CORPORATION

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 16th March, 2022.

Appearance:-

Mr. Amitava Mukherjee, Adv.

Mr. A. Ghosh, Adv.

..for the applicant

Mr.Shuvasish Sengupta, Adv.

Mr. Dipyan Choudhury, Adv.

Mr. S. Choudhury, Adv.

Mr. B. Sen, Adv.

The Court: This is an application for enforcement of an award dated 14

September 2018. None appears on behalf of the award-debtors nor is any

accommodation prayed for on their behalf.

An Affidavit of Service filed on behalf of the award-holder be kept with the

records.

It appears that notwithstanding service at least four prior occasions, the

judgment-debtors continue to remain unrepresented.

It is submitted on behalf of the award-holder that the award has become

final, binding and enforceable and there is no challenge pending against the

same. Accordingly, I am of the view, that there is no embargo in proceeding with

this execution application.

By an order dated 20 February 2019, a Co-ordinate Bench of this Court

had passed an order in terms of prayers (d), (f) and (h) of the Tabular Statement.

It is submitted on behalf of the award-holder that the award-debtors are

deliberately procrastinating this proceeding and not appearing before this Court.

In view of the aforesaid, one of the Receivers appointed by the order dated

20 February 2019, being Mr. Sunil Kumar Pan, Advocate, Bar Association Room

No.2, Mob. No.9433171260, 9831902929, is directed to ascertain as to whether

this premises being Flat/Apartment at Surya House 33/2, Sarat Bose Road, 3rd

Floor, Flat no.12, Bhowanipore, Kolkata-700 020, is vacant or not. The Receiver

shall be entitled to an initial remuneration of 1500 gms to be borne by the decree

holder.

The decree-holder is also directed to serve a notice on all the judgment-

debtors and inform them of the returnable date.

Let such Report be filed by 5 April 2022.

It is submitted by the decree-holder that notwithstanding earlier orders of

Court, the award-debtors have not yet filed their Affidavit of Assets.

In view of the aforesaid, the award-debtors are directed to file Affidavit of

Assets in Form 16, Appendix- E of Code of Civil Procedure, 1908 by the

returnable date. 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 on 6 April 2022.

(RAVI KRISHAN KAPUR, J.) D.Ghosh