Hdb Financial Services Limited vs Aminul Haque Tarafdar & Anr
2023 Latest Caselaw 2999 Cal/2

O-132

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

                                 EC/299/2018
                        HDB FINANCIAL SERVICES LIMITED
                                      VS
                        AMINUL HAQUE TARAFDAR & ANR.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 16th October, 2023.

Appearance:

Mr. Pratip Mukherjee,Adv.

Mr. Sayak Ranjan Ganguly, Adv.

Ms. Srijani Ghosh, Adv.

...for the award-holder.

The Court: The Report dated 6 October, 2023 filed by the Department be

kept with the records.

It appears from the Report that the judgment-debtor no.1 has expired and

the judgment-debtor no.2 has refused to accept service.

In such circumstances, the award-holder is directed to take necessary

steps in accordance with law including the inspection of the Report.

This is an application for execution of an award dated 13 January, 2017

for a sum of Rs.14,82,522/-. There is no embargo in proceeding with this

execution application and the award has attained finality.

In such circumstances, in view of the non-compliance with the award,

there shall be an order in terms of prayer (g) of the Tabular Statement.

The judgment-debtor no.2 is directed to file an Affidavit of Assets in

accordance with law within a period of four weeks from date.

In default of filing the Affidavit of Assets, appropriate orders for warrant of

arrest would be issued against the judgment-debtor no.2.

Let this matter appear in the Monthly List of December, 2023.

The award-holder is directed to forthwith communicate this order to the

judgment-debtor no.2 and file an Affidavit of Service on the returnable date.

(RAVI KRISHAN KAPUR, J.)

s.pal