Ugro Capital Limited vs E-Vision Pressings And Ors
2023 Latest Caselaw 1111 Cal/2

ODC 17
                             ORDER SHEET
                              EC/147/2023
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                         COMMERCIAL DIVISION


                           UGRO CAPITAL LIMITED
                                   VERSUS
                        E-VISION PRESSINGS AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 1st May, 2023.

Appearance:

Ms. Shrayshee Das, Adv.

The Court: This is an application for enforcement of an award dated 3rd

February, 2022. The award is for a sum of Rs.10,47,461.14/-. It is submitted on

behalf of the decree holder that the award has become final binding and

enforceable and remained unsatisfied till date.

The award holder has served the execution application with all its

Annexure and the Tabular Statement to the Judgment debtor. The award holder

files the affidavit of service in Court today which shows endorsement for the

judgment debtor no. 1 being a proprietorship firm as "Addressee Left without

instructions", for judgment debtor no.2 being the proprietor and judgment debtor

no.3, the endorsement is "Item Delivery Confirmed". In spite of service none

appears on behalf of the Judgment debtors.

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 fourteen 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 fourteen weeks hence.

(SHEKHAR B. SARAF, J.)

sp/