Investment And Finance Company ... vs Rajib Sarkar And Ors
2023 Latest Caselaw 1735 Cal/2

OD-65

                                ORDER SHEET

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

                                 EC/37/2021

                         M/S CHOLAMANDALAM
                INVESTMENT AND FINANCE COMPANY LIMITED
                                  VS
                        RAJIB SARKAR AND ORS.


BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 28th July, 2023.

Appearance:

Ms. Pooja Sett Chakraboerty, Adv.

...for the award-holder

Ms. Amrin Khatoon, Adv.

...for the judgment-debtor no 3

The Court: The Advocate-on-Record, Ms. Khatoon, who is present in

Court, proposes to represent the judgment-debtor no. 3. Ms. Khatoon seeks to

rely on an order passed in 2019 by a learned Single Judge of this Court

whereby the presence of the judgment-debtor no. 3 was exempted. She,

however, does not have a copy of the order and seeks time on this basis.

The judgment-debtor no. 2 is produced in Court today. According to the

Advocate-on-Record of the petitioner/award-holder the judgment-debtor no. 2

is a co-borrower of a loan of approximately Rs.8 lakhs given to the judgment-

debtor nos. 1 and 2. The judgment-debtor no. 3 was the guarantor. The

judgment-debtor no. 2 does not have an Advocate to represent him.

List this matter on 8th September, 2023 for the judgment-debtor no. 2 to

approach the State Legal Services Authority or the High Court Legal Services

Authority for engaging a suitable lawyer subject to the judgment-debtor no. 2

being eligible for such under the Legal Services Authority Act, 1987.

The judgment-debtor no. 3 will also be present on the returnable date.

The warrant of arrest shall be kept in abeyance till the returnable date.

(MOUSHUMI BHATTACHARYA, J.)

T.O.

A.R.(C.R.)