Poonawalla Fincorp Limited vs Soni Soya Products Limited And Ors
2022 Latest Caselaw 466 Cal/2

ODC-18

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

                                    EC/380/2021

                        POONAWALLA FINCORP LIMITED
                                  Versus
                    SONI SOYA PRODUCTS LIMITED AND ORS.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR
  Date : 14th February, 2022
                                                                               Appearance:
                                                                 Mr. Paritosh Sinha, Adv.
                                                                    Mr. K.K. Pandey, Adv.
                                                                 Mr. S. B. Dasgupta, Adv.
                                                                   ...for the award-holder

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

kept with the records.

      This is an application for execution of an award dated 31st March, 2021. By

an order dated 23rd December, 2021 the judgment-debtors were directed to file

their Affidavit of Assets.

      It appears that notwithstanding an order dated 23rd December, 2021, no

Affidavit of Assets has been filed by the judgment-debtors.

      None appears on behalf of the judgment-debtors nor is any accommodation

prayed for on their behalf.

      It appears from the said affidavit that the service has been completed upon

respondent no.3.

I find that the award is Rs.43,44,576/-.

It is submitted on behalf of the decree-holder that there has no challenge to

the said award and the said award has become final, binding and enforceable.

In view of the deliberate, intentionally and non-compliance by the

judgment-debtor no. 3, let a Warrant of Arrest be issued against the judgment-

debtor no.3.

The warrant of arrest is made returnable four weeks hence.

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.3 before this Court on or before the returnable date.

Let this matter appear on 29th March, 2022.

(RAVI KRISHAN KAPUR, J.)

S.Bag