Tata Capital Financial Services ... vs Dilmohammod Sekh And Anr
2022 Latest Caselaw 698 Cal/2

OD-17

                          IN THE HIGH COURT AT CALCUTTA
                           Ordinary Original Civil Jurisdiction
                                    ORIGINAL SIDE
                                 (Via Video Conference)


                                        EC/144/2019

                       TATA CAPITAL FINANCIAL SERVICES LIMITED
                                         VS
                            DILMOHAMMOD SEKH AND ANR.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 28th February, 2022.

Appearance:

Mr. Swatarup Banerjee, Adv.

The Court:- This is an execution application. The decree-holder seeks execution

of an award dated 26 April, 2018. By the said award the judgment debtors have been

directed to pay a sum of Rs.19,76,890.77/- to the decree-holder. Pursuant to an earlier

order dated 21st January, 2022 the Receiver was appointed. An order had been passed

in terms of prayer (a) of the Tabular Statement. Diverse orders had been passed from

time to time in fact the judgment debtors had also entered appearance at an earlier

stage of this proceeding and sought for an accommodation to settle the disputes.

A Report filed by the Receiver be kept with the records.

It appears from the said Report that the judgment debtors had knowingly

supplied false particulars in respect of the subject vehicle. The letters written on behalf

of the judgment debtors appears from the Annexure to the Report filed on behalf of the

Receiver. It further appears from the Report of the Receiver, that notwithstanding

having visited the subject premises as informed by the judgment debtors, the Receiver

has been unable to take possession of the subject vehicle as per the earlier direction of

Court.

In view of the aforesaid, the judgment debtors are directed to be present in Court

on 9th March, 2022. The decree-holder is directed to serve a notice on the judgment

debtors as well as the Advocates who are appearing on their behalf. The remuneration of

the Receiver for having visited the subject premises is fixed at 2000 gms. The decree

holder is directed to make payment to the Receiver as expeditiously as possible.

(RAVI KRISHAN KAPUR, J.)

S.Bag