Narbheram Finance Company ... vs Manoj Yadav And Anr
2022 Latest Caselaw 407 Cal/2

ODC-3
                                 EC/373/2021
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Via Video Conference)



                  NARBHERAM FINANCE COMPANY LIMITED
                                 VS
                        MANOJ YADAV AND ANR.



  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 9th February, 2022.

Appearance:-

Mr. Paritosh Sinha, Adv.

Mr. S. Chowdhury, Adv.

Mr. D. Das, Adv.

The Court:- This matter has appeared at the instance of the petitioner.

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.)

D.Ghosh