Tata Motors Finance Solutions ... vs Ambuj Logistics Private Limited
2023 Latest Caselaw 1462 Cal/2

OCD-1 to 5

                  IN THE HIGH COURT AT CALCUTTA
                   Ordinary Original Civil Jurisdiction
                            ORIGINAL SIDE
                       (COMMERCIAL DIVISION)

                          EC/272/2020
             TATA MOTORS FINANCE SOLUTIONS LIMITED
                             Versus
                AMBUJ LOGISTICS PRIVATE LIMITED

                                  And

                           EC/273/2020
              TATA MOTORS FINANCE SOLUTIONS LIMITED
                              Versus
             AMBUJ LOGISTICS PRIVATE LIMITED AND ANR.

                                  And

                           EC/274/2020
              TATA MOTORS FINANCE SOLUTIONS LIMITED
                              Versus
             AMBUJ LOGISTICS PRIVATE LIMITED AND ANR.

                                  And

                           EC/275/2020
              TATA MOTORS FINANCE SOLUTIONS LIMITED
                              Versus
             AMBUJ LOGISTICS PRIVATE LIMITED AND ANR.

                                  And

                           EC/276/2020
              TATA MOTORS FINANCE SOLUTIONS LIMITED
                              Versus
             AMBUJ LOGISTICS PRIVATE LIMITED AND ANR.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 3rd July 2023.

Appearance:

Mr. Paritosh Sinha, Adv.

Mr. Saubhik Chowdhury, Adv.

Ms. Tapasika Bose, Adv.

...for the petitioner

Mr. Vishwarup Acharyya, Adv.

...for the judgment debtors

The Court: The advocate-on-record of the award-holder hands up a letter of

23rd June, 2023 from the advocate representing the award-debtors stating that

the three vehicles which are the subject-matters of the execution cases are lying

at a particular location in Haldia. The award-debtor has been requested to take

possession of these vehicles from the parking yard.

The apprehension expressed on behalf of the award-holder is that the

award-debtors have not taken steps in terms of the order passed by this Court on

19th June, 2023 where the Court observed that it was the responsibility of the

award-debtors to ensure that the three vehicles are handed over to the petitioner

without any disruption.

Since the award-holder has an order in his favour, the award-holder shall

take necessary steps for implementation of the order. Ms. Dipanwita Ghosh, Adv.

(Mob: 9831548854) is appointed as the Special Officer to accompany the

representatives/advocates of the award-holder on 13th July, 2023 to take steps

for implementation of the order passed by this Court. The authorised

representative of the award-debtors shall also accompany the award-holder in

implementing the direction passed by this Court. The Special Officer shall file a

report on the returnable date which will be 19th July, 2023. The remuneration of

Rs. 70,000/- of the Special Officer will be borne by the award-holder at the first

instance together with all incidental expenses.

(MOUSHUMI BHATTACHARYA, J.)

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