Tata Capital Financial Services ... vs Dilmohammod Sekh And Anr
2022 Latest Caselaw 816 Cal/2

OD-15

                         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 : 9th March, 2022.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. Avishek Guha, Adv.

Mr. R. Sarkar, Adv.

Mr. Karan Keswari, Adv.

Mr. Simanta Kabir, Adv.

The Court:- Pursuant to an earlier order of Court, the judgment-debtor no.

1 is present.

This is an execution application which was filed in April, 2019. By an

award dated April 26, 2018, the judgment-debtors have been directed to pay a

sum of Rs.19,76,890.77 to the award-holder.

Notwithstanding repeated orders passed by this Court, the judgment-

debtor has not provided the Receiver with the particulars of the subject vehicle.

In fact, it would appear from the earlier orders of Court that diverse attempts

have been made by the Receiver but the judgment-debtor has simply been

hoodwinking the Receiver. The judgment-debtor is present in Court and submits

that the subject vehicle is located at Jharkhand and he is ready and willing to

accompany the Receiver on 16th March, 2022.

In view of the aforesaid, the Receiver is directed to implement the order

dated 21st January, 2020. The Advocate-on-Record appearing on behalf of the

judgment-debtor will also accompany the Receiver as well as the judgment-

debtor during her visit.

It is made clear that the entire expenses of the Advocate-on-Record of the

judgment-debtor would be borne exclusively by the judgment-debtor.

It is expected that the judgment-debtor will provide full cooperation to the

Receiver in implementing the order of Court.

Liberty is also granted to the Receiver to take police assistance in carrying

out the direction dated 27th January, 2022.

Let this matter appear on 23 March, 2022.

The Superintendent of Police and the CISF are directed to give full

cooperation to the Receiver in carrying out this order.

(RAVI KRISHAN KAPUR, J.)

S.Bag