M/S. Cholamandalam Investment ... vs Sambit Basu And Anr
2021 Latest Caselaw 1066 Cal/2

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OD-80
                                 EC/47/2021

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


   M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD.
                             VS
                    SAMBIT BASU AND ANR.


 BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR
 Date : 23rd September, 2021.

                                                    Ms. Pooja Sett, Advocate for petitioner.
                       Paritosh Sinha, Mr. Arindam Mandal, Advocates for the respondents.

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

16th March, 2020. It is submitted on behalf of the decree holder that the

award has become final, binding and enforceable. It is further submitted

on behalf of the decree holder that the total dues payable by the judgment

debtors is approximately Rs.18 lakhs. An accommodation is prayed for on

behalf of the judgment debtors. It appears that the judgment debtors had

sought for an accommodation on an earlier occasion also.

In view of the dilatory tactics adopted by the judgment debtors, there

will be an order in terms of prayers [b] and [i] of the Tabular Statement.

The judgment debtors are directed to file an affidavit in terms of Form 16A

of the Appendix-E of the Code of Civil Procedure, 1908 disclosing full

particulars of all their assets and properties which sufficient to satisfy the

decreetal dues within a period of four weeks from date.

Let this matter appear in the monthly list of November, 2021.

It is made clear that in default of filing the affidavit of assets,

warrants of arrest would be issued against the judgment debtors.

(RAVI KRISHAN KAPUR, J.)

pkd/MG.