Narbheram Finance Company ... vs Manoj Yadav & Anr
2022 Latest Caselaw 2945 Cal/2

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

                                   EC/373/2021

                   NARBHERAM FINANCE COMPANY LIMITED
                                VERSUS
                          MANOJ YADAV & ANR.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 8th December, 2022.

Appearance:

Mr. Paritosh Sinha, Adv.

The Court:- In view of the urgency and by consent of the parties, the

matter is treated on the Day's List.

It is submitted on behalf of the award debtor that there is urgency in this

matter since the award debtor has been arrested and produced before this Court.

It appears that notwithstanding earlier orders of Court, the award debtor

has managed to evade arrest. Significantly, the DIG, Jharkhand had been

directed to apprehend and produce the award debtor in Court.

The award debtor is produced. One vehicle being 1 No. Kobelco SK 210 LC

8 Hydraulic Excavator being Machine Serial No. YQ 12B 0619 & Engine No.

JO5ETA 29694 is still in the possession of the award debtor and the guarantor.

Mr. Ovik Sengupta, a member of the Bar Library is appointed as a Receiver

to take actual physical possession of the aforementioned asset upon verification

by the award debtors.

The Receiver shall be paid a remuneration of 3000 gms.

The award debtor no. 1 is present in Court and submits that the vehicle is

in his possession and that he is willing to hand over the same to the Receiver.

In view of the aforesaid, let this matter appear before the Regular Bench on

the 15th December, 2022.

In the meantime, the Receiver is directed to obtain possession of the

subject vehicle and file a Report on the returnable date.

In view of the previous orders of Court and the difficulty which the

Administration have faced in order to apprehend and produce the award-debtor,

the award debtor shall also be present on the returnable date.

Liberty is granted to the award-debtor to seek appropriate directions for

filing of an Affidavit of Assets on the returnable date.

The award-debtor no. 1 has given an undertaking that he shall be present

as and when directed by this Court. Accordingly, the warrant of arrest issued

against the judgment-debtor no. 1 stands discharged.

The presence of the concerned Police Authorities is also recorded.

(RAVI KRISHAN KAPUR, J.)

TO