Calcutta High Court
Srei Equipment Finance Pvt. Ltd vs Khyoda Apik And Anr on 16 November, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-7
EC No. 142 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
SREI EQUIPMENT FINANCE PVT. LTD.
Versus
KHYODA APIK AND ANR.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 16th November, 2016.
Mr. Swatarup Banerjee, Adv. appears The Court : The award-holder had earlier indicated that the award-holder would not proceed against the second award-debtor under the award and would only seek to realise the money due under the award from the first award-debtor. Such submission is recorded in at least one previous order and the position is confirmed on behalf of the award-holder.
As to the first award-debtor, the award-holder claims that he resides at the address at which the service has been attempted but the service has not been completed despite repeated attempts. The award-holder seeks leave to proceed afresh in execution against the first award-debtor upon the award-holder being able to ascertain the assets of the first award-debtor.
Accordingly, EC No.142 of 2009 is disposed of by recording that the award- holder may only proceed against the first award-debtor afresh in accordance with law upon the award-holder discovering the assets and whereabouts of the first award-debtor.
It is recorded that no part of the award debt was realised in course of the present execution.
EC No.142 of 2009 is disposed of on the above terms, but without any order as to costs.
(SANJIB BANERJEE, J.) kc.