Cholamandalam Investment And ... vs Raju Dey And Ors
2023 Latest Caselaw 414 Cal/2

ODC-41
                                 ORDER SHEET

                                 EC/426/2022

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)

    CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                            VS
                     RAJU DEY AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 13th February, 2023

Appearance:

Ms. Shrayashee Das, Adv.

Mr. Muhammad Obaid, Adv.

The Court: By an order dated 19th December, 2022 there was a direction

to serve upon the award-debtors under Order XXI Rule 22 sub-rule (1) of the

Code of Civil Procedure, 1908. The report has been filed in the Court today

which states that it has been served on the award-debtors.

This is an application for enforcement of an award dated 30th September,

2020. The award is for a sum of Rs.29,53,205.08/-. It is submitted on behalf of

the decree-holder that the award has become final, binding and enforceable

and remained unsatisfied till date.

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 14 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 after 14 weeks.

(SHEKHAR B. SARAF, J.)

sp/