Poonawalla Fincorp Limited vs Prolife Multispeciality ...
2022 Latest Caselaw 389 Cal/2

ODC-6

                                 ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             [Via Video Conference]

                                  EC/348/2021

                     POONAWALLA FINCORP LIMITED
                               Versus
              PROLIFE MULTISPECIALITY HOSPITAL AND ORS.


 BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 8th February, 2022 Appearance:

Mr. Paritosh Sinha, Adv.

Mr. K.K. Pandey, Adv.

Mr. S.B. Dasgupta, Adv.

The Court: An Affidavit of Service filed on behalf of the decree-holder be

kept with the records.

It appears from Affidavit of Service that the partnership firm being the

judgment-debtor no. 1 has been duly served. None appears on behalf of the

judgment-debtors nor is any accommodation prayed for on their behalf.

This is an application for enforcement of an award dated 28 th November,

2020. It is submitted on behalf of the decree-holder that the award has become

final, binding and enforceable. The award is for a sum of Rs.23,59,607/- and

remains unsatisfied till date.

By an order dated 6th December, 2021 this Court had directed the

judgment debtors to file their Affidavit of Assets in Form 16A, Appendix-E of

the Code of Civil Procedure, 1908. It is submitted on behalf of the decree-

holder that no Affidavit of Assets has been filed till date.

In view of the deliberate non-compliance on behalf of the judgment-

debtors, let a warrant of arrest be issued against the judgment-debtor no. 2.

The matter is made returnable on 30th March, 2022.

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

local Police Station are directed to implement this order and ensure due

execution of the warrant of arrest and production of the aforesaid judgment-

debtor no. 2 before this Court on or before the returnable date.

(RAVI KRISHAN KAPUR, J.)

TO