Citation : 2023 Latest Caselaw 2774 Cal/2
Judgement Date : 3 October, 2023
OD-4
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/118/2018
INDUSIND BANK LIMITED
VS
MR. SUNIL KUMAR YADAV & ANR
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 3rd October, 2023.
Appearance:
Mr. Pratip Mukherjee, Adv.
Mr. Sayak Ranjan Ganguly, Adv.
Ms. S. Ghosh, Adv.
The Court: None appears on behalf of the judgment-debtors nor is any
adjournment prayed for on their behalf.
Affidavit of Service filed by the award-holder be kept with the records.
This is an application for execution of an award dated 22nd April,
2016. The award is for a sum of Rs.16,73,799/-. It is submitted on behalf of
the award-holder that the award has attained finality and there is no
embargo in proceeding with this application. This application was filed in
2018. There have been diverse attempts to serve the award-debtors.
However, both the award-debtors remain unrepresented.
In such circumstances, the Department is directed to issue a notice
under Order 21 Rule 22(1) of the Code of Civil Procedure, 1908 and file a
Report on the returnable date.
In such circumstances, there shall be an order in terms of prayer (f) of
the Tabular Statement.
Let this matter appear in the Monthly List of November, 2023.
In the meantime, the award-holder is directed to communicate this
order to the award-debtor both by registered post and by courier.
(RAVI KRISHAN KAPUR, J.)
S.Bag
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