Aditya Birla Finance Limited vs Bencare And Ors
2022 Latest Caselaw 2522 Cal/2

ODC 7
                            ORDER SHEET
                             EC/297/2022
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                        COMMERCIAL DIVISION


                      ADITYA BIRLA FINANCE LIMITED
                                   VS
                           BENCARE AND ORS


 BEFORE:
 The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 21st September, 2022.

Appearance:

Mr. Ranjit Singh, Adv.

Ms. Pooja Sett, Adv.

Ms. Susmita Dey, Adv.

The Court: The affidavit of service filed on behalf of the award holder

be kept with the records. It appears from the said affidavit that, the service

has been effected on all the award debtors.

This is an application for execution of an award dated 30th December,

2021. It is submitted on behalf of the decree holder that the award has

become final, binding and enforceable. The award is for a sum of

Rs.17,24,385/-. 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

twelve 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 12 weeks.

The decree holder is directed to forthwith serve a notice upon the

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

of service in Court.

(SHEKHAR B. SARAF, J.)

sp/