Ugro Capital Limited vs Shree Venkateshwara Agency And ...
2023 Latest Caselaw 1082 Cal/2

ODC 21
                              ORDER SHEET
                               EC/213/2023
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                          COMMERCIAL DIVISION


                         UGRO CAPITAL LIMITED
                                 VS
                 SHREE VENKATESHWARA AGENCY AND ORS.

  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 27th April, 2023.

Appearance:

Ms. Shrayshee Das, Adv.

The Court: This is an application for enforcement of an award dated 6th

July, 2022. The award is for a sum of Rs.17,20,041.75/-. It is submitted on

behalf of the decree holder that the award has become final binding and

enforceable and remains unsatisfied till date.

The award holder has served the execution application with all its

Annexure and the Tabular Statement to the award debtor. The award holder

files the affidavit of service in Court today which shows the endorsement for

award debtor no. 1 being the partnership firm as "Addressee Moved" whereas

award debtor nos.2 and 3 being the partners is "Confirmed". In spite of service

none appears on behalf of the award debtors.

In view of the aforesaid, let there be an order in terms of prayer (a) of the

Tabular Statement.

The judgment debtors are directed to file their affidavit of assets within a

period of twelve weeks from date.

It is made clear that in default of filing of such affidavit of assets,

appropriate orders for issuance of warrant of arrest would be issued against the

judgment debtors.

None appears on behalf of the judgment debtors nor is any accommodation

sought for on their behalf.

The decree holder is directed to effect service on the judgment debtors and

file an affidavit of service on the returnable date.

Let this matter appear twelve weeks hence.

(SHEKHAR B. SARAF, J.)

sp/