Kotak Mahindra Bank Ltd vs Krishna Kumar Shah & Anr
2023 Latest Caselaw 3295 Cal/2

Calcutta High Court

Kotak Mahindra Bank Ltd vs Krishna Kumar Shah & Anr on 4 December, 2023

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

O-171

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                                 EC/100/2016

                        KOTAK MAHINDRA BANK LTD.
                                   VS
                        KRISHNA KUMAR SHAH & ANR.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 4th December, 2023.

Appearance:

Mr. S. Das, Adv.

The Court : It appears from the Report filed by the Deputy Sheriff that

the judgment-debtors could not be found at the address provided by the

award-holder.

The matter has been pending since 2016. Obviously, the award-holder

has not been able to ascertain and furnish the exact particulars of the award-

debtor.

In such circumstances, no purpose would be served in proceeding with

this execution application.

EC/100/2016 stands dismissed.

Liberty is granted to the award-holder to file a fresh execution

application if the circumstances so warrant.

Liberty is also granted to the award-holder to take back the original

award after replacing of the same with a photocopy thereof.

(RAVI KRISHAN KAPUR, J.)

S.Bag