Magma Fincorp Limited v. Sobaran Singh
Case brief
What is this about?
This execution application was treated on the Day’s List due to urgency. Upon submission that the debtor had not appeared, parties had settled out of court, and the decree-holder no longer wished to proceed, the application was dismissed as infructuous and a warrant of arrest was discharged.
What did the court decide?
Execution application dismissed as infructuous; all interim orders vacated; warrant of arrest discharged.
What the court decided
UL-5
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE [Commercial Division]
EC/37/2020
POONAWALLA FINCORP LIMITED
Vs SOBARAN SINGH
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 17th August, 2022.
Appearance: Mr. P. Sinha, Adv. Mr. K.K. Pandey, Adv. Ms. E. Saha, Adv.
The Court: In view of the urgency pleaded on behalf of the decree-holder, the matter is treated on the Day’s List.
It is submitted on behalf of the decree-holder that, the judgment-debtor has not appeared at any stage of this proceeding. It is also submitted on behalf of the decree-holder that the parties have settled the matter out of Court and the decree-holder does not want to proceed any further with this execution application. I find that a Warrant of Arrest had also been directed to be issued in this proceeding.
In view of the submissions made on behalf of the decree-holder, EC/37/2020 stands dismissed as infructuous. All interim orders stand vacated.
Parties & counsel
- appellant
Poonawalla FinCorp Limited
- respondent
Sobaran Singh
Coram
Ravi Krishan Kapur
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · August
- Registered
- Case no.
- EC/37/2020
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