Narbheram Finance Company ... vs Kishun Yadav And Anr
2022 Latest Caselaw 286 Cal/2

ODC-1
                               EC/374/2021
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE
                          [COMMERCIAL DIVISION]




                  NARBHERAM FINANCE COMPANY LIMITED
                                 VS
                        KISHUN YADAV AND ANR.

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 3rd February, 2022.

Appearance:

Mr. Paritosh Sinha, Adv.

The Court: There appears to be an inadvertent bonafide mistake in the

order dated 27 January, 2022. In this proceeding by an order dated 22

December, 2021 the judgment debtor had been directed to file their Affidavit of

Assets within a period of four weeks from date.

Thereafter, the matter had appeared on 27 January, 2022. On that date,

the petitioner had submitted that in view of default clause contained in the order

dated 22 December, 2021 and the fact that the judgment debtor had not filed

their Affidavit of Assets appropriate order for issuance of warrant of arrest be

passed against the judgment debtors. However, inadvertently, on 27 January,

2022 a further opportunity was given to the judgment debtor to file their Affidavit

of Assets.

In view of the fact that the judgment debtors appear to have deliberately

and intentionally not complied with the order dated 22 December, 2021, the

order dated 27 January, 2022 is recalled. Accordingly, let warrants of arrest be

issued against the judgment debtors.

The Superintendent of Police and the Officer in Charge are directed to

ensure compliance of this order.

Let this matter appear on 14 March, 2022.

(RAVI KRISHAN KAPUR, J.) SK.