Poonawalla Fincorp Limited vs Rajesh Achchhevar Shah @ Rajes Shah And ...
2023 Latest Caselaw 3312 Cal/2

Calcutta High Court

Poonawalla Fincorp Limited vs Rajesh Achchhevar Shah @ Rajes Shah And ... on 5 December, 2023

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OD-18
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                ORIGINAL SIDE



                                    EC/355/2019


                        POONAWALLA FINCORP LIMITED
                                   VS
               RAJESH ACHCHHEVAR SHAH @ RAJES SHAH AND ORS.



  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 5th December, 2023.

Appearance:

Mr. Paritosh Sinha, Adv.

Mr. K.K. Pandey, Adv.

Ms. Enakshi Saha, Adv.

The Court : This is an application for execution of a decree dated 30 March,

2018 for a sum of approximately Rs.18,79,064/-. It is submitted on behalf of the

award holder that there is no embargo in proceeding with this execution

application.

It is also submitted on behalf of the award holder that save and except a sum

of Rs.3,95,150/- no further amount has been paid by the award debtor.

Repeated orders have been passed for production of the judgment debtor in

view of the failure to file an Affidavit of Assets. A Report filed by the Deputy Sheriff

pursuant to an order of Court suggests that the "warrantee is unavailable on

medical grounds".

In such view of the matter, the time to execute the warrant of arrest stands

extended till 31 January, 2024.

Let this matter appear in the Monthly List of January, 2024.

The Officer in Charge of the concerned Police Station and the Superintendent

of Police having jurisdiction where the judgment debtor resides are directed to

ensure compliance with this direction.

The Deputy Sheriff is also directed to file a fresh Report on or before the

returnable date.

(RAVI KRISHAN KAPUR, J.) SK.