Citation : 2023 Latest Caselaw 1133 Cal/2
Judgement Date : 3 May, 2023
ODC-23
ORDER SHEET
EC/155/2023
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
UGRO CAPITAL LTD.
VS
GOPAL HOSPITAL AND ORS.
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date : 3rd May, 2023
Appearance:
Ms. Shrayashee Das, Adv.
The Court: This is an application for enforcement of an award dated 30th
June, 2022. The award is for a sum of Rs.15,43,506.32. 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
annexures and the Tabular Statement to the judgment-debtors. The award-
holder files the affidavit of service in Court today which shows the endorsement
for all the judgment-debtors as "Item returned refused". 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 judgement-debtors are directed to file their affidavits of assets within
a period 14 weeks from date.
It is made clear that in default of filing of such affidavit of assets,
appropriate orders for issuance of warrants 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 14 weeks hence.
(SHEKHAR B. SARAF, J.)
R.Bhar
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