M/S. Indusind Bank Ltd vs Goutam Sen & Anr
2023 Latest Caselaw 2491 Cal/2

O-15
                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE

                                  EC/578/2014
                            M/S. INDUSIND BANK LTD.
                                      VS
                              GOUTAM SEN & ANR.

   BEFORE:
   The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 4th September, 2023.

The Court: It is submitted on behalf of the decree-holder that they have

been unable to effect service on the judgment-debtors. The execution

application has been pending since 2014. There is an application under Section

34 of the Arbitration & Conciliation Act, 1996 which is also pending.

In view of the fact that the decree-holder has been unable to ascertain the

whereabouts of the judgment-debtors after a period of almost a decade,

EC/578/2014 stands dismissed for non-prosecution.

Liberty is granted to the decree-holder to file a fresh execution application

if the circumstances so warrant and after ascertaining the whereabouts of the

judgment-debtors.

(RAVI KRISHAN KAPUR, J.)

s.pal