Calcutta High Court
Tata Capital Financial Services ... vs Dilmohammod Sekh And Anr on 13 May, 2022
OD-15
ORDER SHEET
EC/144/2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
TATA CAPITAL FINANCIAL SERVICES LIMITED
VS
DILMOHAMMOD SEKH AND ANR.
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date : 13th May, 2022
Appearance:
Mr. Avishek Guha, Adv.
Ms. Ratnadipa Sarkar, Adv.
Ms. Akansha Chopra, Adv.
...for the award-holder
Mr. Arka Naha, Adv.
...for the judgment-debtors
Mr. K. Chowdhury, Adv.
...for the Receiver Mr. Ratul Biswas
The Court: It is clear from the conduct of the judgment-debtor no.1 that
he has no intention whatsoever of handing over the vehicle nor make payment
of the debt due to the petitioner company. This matter has been going on since
2019. It is to be noted that on 21st January, 2020, an order had been passed
appointing a Receiver Mr. Ratul Biswas, Advocate, Bar Association for
implementation of prayer (a) of the tabular statement which was to take
possession of the immovable asset being EX 200 LC having Chassis
No.S20053438 and Engine No.S20053438.
Reports have been filed by the Receiver that indicate that the judgment-
debtor no.1 is not cooperating with the Receiver and the Receiver is unable to
find the location of the vehicle. On 9th March, 2022, the judgment-debtor no.1
deposed in Court that he shall accompany the Receiver on 16th March, 2022
and hand over the vehicle. However, it appears from the minutes of 15th March,
2022 that the Advocate-on-Record appearing on behalf of the judgment-debtor
no.1 informed the Receiver that he is no longer appearing in this matter. No
communication was made by the judgment-debtor no.1 to the Receiver and the
Receiver was unable to trace the judgment-debtor no.1. Accordingly, the
judgment-debtor no.1 has not handed over the vehicle to the Receiver.
Today in Court, the judgment-debtor no.1 has again sought time and a
new Advocate is appearing on his behalf.
It is clear from the entire attitude and conduct of the judgment-debtor
no.1 that he has no intention of paying a single paise nor will be handing over
the vehicle to the petitioner.
In light of the same, the Deputy Sheriff is directed to take the judgment-
debtor no.1 Mr. Dilmohammod Sekh, son of Mr. Monich Sekh in custody for
sending the judgment-debtor no.1 to the Presidency Correctional Home for
simple imprisonment for a period of seven days.
The award-holder is directed to deposit the subsistence allowance to the
Office of the Sheriff of Kolkata.
In the event the vehicle is handed over to the petitioner company within
seven days, necessary orders shall be passed.
Let this matter appear seven days hence i.e. on 20th May, 2022 when the
judgment-debtor no.1 is directed to be produced before this Court.
In view of urgency, let a plain copy of this order duly countersigned by
the Assistant Registrar of this Court be handed over to the Deputy Sheriff for
necessary compliance.
(SHEKHAR B. SARAF, J.)
R.Bhar
