Citation : 2023 Latest Caselaw 1086 Cal/2
Judgement Date : 27 April, 2023
ODC 20
ORDER SHEET
EC/210/2023
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
UGRO CAPITAL LIMITED
VS
ORIG PHARMACEUTICALS PRIVATE LIMITED 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 26th
August, 2022. The award is for a sum of Rs.15,57,336.67/-. 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 all
the award debtor no. 1 as "Unclaimed" whereas award debtor nos.2 and 3 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/
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