Ugro Capital Limited vs Medifin Pharma Services Pvt. Ltd
2023 Latest Caselaw 1116 Cal/2

ODC 22
                               ORDER SHEET
                                EC/185/2023
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                           COMMERCIAL DIVISION


                               UGRO CAPITAL LIMITED
                                     VERSUS
                         MEDIFIN PHARMA SERVICES PVT. LTD.


  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

April, 2022. The award is for a sum of Rs.11,82,970.94/- with interest at the

rate of 18% p.a. After the passing of the award the award debtors had made a

payment of Rs. 9,23,448.00. The award holder has adjusted such amount and

has made a claim of Rs. 4,92,792.13. 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 company as "Item returned - no such person in the

address", for judgment debtor no. 2 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/