Srei Equipment Finance Limited vs Ashish Tomar & Anr
2021 Latest Caselaw 1198 Cal/2

OD-35
                                    EC 453 of 2018

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


                        SREI EQUIPMENT FINANCE LIMITED
                                   -VERSUS-
                              ASHISH TOMAR & ANR.

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 29th September, 2021.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. Avishek Guha, Adv.

Ms. Akansha Chopra, Adv.

....for the decree-holder.

The Court: The decree-holder is represented.

None appears on behalf of the judgment-debtor no.2 nor is any accommodation

prayed for on their behalf. It appears from the earlier order dated January 17, 2020

that the judgment-debtor no.2 was represented.

Accordingly, the decree-holder is directed to serve a notice on the Advocate of

the judgment-debtor no.2 informing them of the returnable date.

It appears that notwithstanding the orders dated August 21, 2019 and January

17, 2020 the warrant of arrest issued against the judgement-debtor no.1 had not yet

been executed.

In view of the aforesaid, let a fresh warrant of arrest be issued against the

judgment-debtor no.1. The time to file the affidavit of assets is also extended till the

returnable date.

The matter is made returnable on November 16, 2021.

The jurisdictional Superintendent of Police and the Officer-in-Charge of the

local police station are directed to ensure due execution of the warrant of arrest and production of the judgment-debtor no.1 before this Court on or before the returnable

date.

The jurisdictional Superintendent of Police is also directed to file a report as to

why the warrant of arrest issued against the judgment-debtor no.1 had not yet been

executed till date.

(RAVI KRISHAN KAPUR, J.)

s.pal