Srei Equipment Finance Limited vs Rachna Jaiswal And Anr
2023 Latest Caselaw 1345 Cal/2

OD-22
                                 ORDER SHEET

                                 EC/212/2022

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

                      SREI EQUIPMENT FINANCE LIMITED
                                  Versus
                         RACHNA JAISWAL AND ANR


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 9th June, 2023.

Appearance:

Mr. Swatarup Banerjee, Adv.

Ms. Archana Chowdhary, Adv.

Mr. Siddhartha Banerjee, Adv.

Ms. Shahina Haque, Adv.

Mr. Raushan Kumar Ray, Adv.

The Court: The submissions made on behalf of the award-debtors shows

that the award-debtors do not have defence to being examined in the present

execution case. The dispute which is sought to be raised at the stage of the

execution proceedings is that the judgment-debtors were not served with a

copy of the Award dated 16th March, 2016 and came to know of such only from

the execution petition. Learned counsel appearing for the award-debtors

submits that the award-debtors hence had the option of seeking recourse

under Section 34 of the Act for setting aside of the impugned Award.

Strangely enough, however, the award-debtors did not take any steps for

making an application for setting aside of the Award or writing to the learned

Arbitrator for a copy of the Award. Even if the submission made on behalf of

the judgment-debtors is taken as correct, one year has gone from the date on

which the award-debtors received a copy of the execution petition.

The affidavit of assets is already on record.

List this matter on 16th June, 2023 for examination of the judgment-

debtor no.1.

(MOUSHUMI BHATTACHARYA, J.)

R.Bhar