Tata Capital Ltd vs Koushal Enterprise And Anr
2024 Latest Caselaw 1819 Cal/2

Calcutta High Court

Tata Capital Ltd vs Koushal Enterprise And Anr on 14 May, 2024

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

ODC-7
                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                           ORIGINAL SIDE
                       [COMMERCIAL DIVISION]


                             EC-COM/138/2024

                             Tata Capital Ltd.
                                    VS
                        Koushal Enterprise And Anr.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 14th May, 2024.

Appearance:

Mr. Avishek Guha, Adv.

Ms. Sonal Agarwal, Adv.

Mr. A. Majumdar, Adv.

...for award holder.

The Court: This is an application for enforcement of an award dated

16 December, 2023. The underlying disputes by and between the parties

arise out of a Hypothecation Arrangement. By the award, the award debtors

have been directed to pay a sum of Rs.1,50,31,767/-.

It is submitted on behalf of the award holder that the award has

become final, binding and enforceable and there is no embargo in

proceeding with the execution application.

In such circumstances, there shall be an order in terms of prayers (a)

and (d) of the Tabular Statement.

The judgment debtor is directed to specifically provide the particulars

of the hypothecated asset in the proposed affidavit to be filed by them.

Let this matter appear in the monthly list of July, 2024.

In the meantime, the award holder is directed to serve a notice on the

judgment debtor and file an Affidavit of Service on the returnable date.

(RAVI KRISHAN KAPUR, J.) SK.