Tata Motors Finance Limited vs Rachna Jaiswal & Ors
2023 Latest Caselaw 1968 Cal/2

OD-7

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE

                                EC/586/2014

                       TATA MOTORS FINANCE LIMITED
                                   VS
                          RACHNA JAISWAL & ORS.

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 9th August, 2023.

Appearance:

Ms. Shahina Haque, Adv.

Mr. Raushan Kr. Ray, Adv.

The Court: The judgment-debtors are represented and seek an

adjournment.

It is submitted on behalf of the judgment-debtors that an application

under Section 34 of the Arbitration and Conciliation Act, 1996 has been

filed. There is no stay of the award.

This is an application for execution of a decree dated 7th February,

2014. The decree is for a sum of Rs.36,55,026.38/-. It is submitted on

behalf of the decree-holder that there is no embargo in proceeding with this

execution application. No application has been filed under Section 36(2) of

the Act.

In such circumstances, the judgment-debtors are directed to file their

Affidavit of Assets in terms of Order XXI Rule 41(2) of the Code of Civil

Procedure in Form 16A Appendix-E of the Code of Civil Procedure, 1908 by

21st August, 2023.

Let this matter appear as a "Specially Fixed Matter" on 21st August,

2023.

It is made clear that in default of filing of Affidavit of Assets,

appropriate orders for warrants of arrest would be issued against the

judgment-debtors.

(RAVI KRISHAN KAPUR, J.)

S.Bag