M/S Cholamandalam Investment And ... vs Tapash Kangsobanik And Anr
2023 Latest Caselaw 18 Cal/2

ODC 20

                              ORDER SHEET
                               EC/392/2022
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                          COMMERCIAL DIVISION


         M/S CHOLAMANDALAM INVESTMENT AND FINANCE CO LTD.
                               VS
                   TAPASH KANGSOBANIK AND ANR.



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 3rd January, 2023.


                                                                           Appearance:
                                                                  Mr. Ranjit Singh, Adv.
                                                       Ms. Pooja Sett Chakraborty, Adv.
                                                          Mr. Amit Sankar Bagchi, Adv.


      The Court: This is an application for execution of an award dated 26th

April, 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.29,60,289.28/-. 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 twelve weeks.
                                           2


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

respondents/judgment-debtors along with the order and inform them of the

returnable date and file an affidavit of service in Court.

(SHEKHAR B. SARAF, J.) B.Pal