M/S. Cholamandalam Investment ... vs Sher Ali & Anr
2023 Latest Caselaw 1309 Cal/2

                                      ORDER SHEET

                                      EC/394/2022

                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE
                              (Commercial Division)


    M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD.
                           VERSUS
                        SHER ALI & ANR.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 8th June, 2023

Appearance:

Mr. Ranjit Singh, Adv.

Mrs. Pooja Sett Chakraborty, Adv.

. . .for the petitioner.

Mr. Angshuman Chakraborty, Adv.

. . .for the judgment debtor no.1.

The Court: The judgment-debtor no.1 against whom warrant of arrest

was issued by way of an order dated 30th March, 2023 has surrendered before

the Court. The judgment debtor is examined and has identified himself. The

judgment debtor no.2, who is the wife of the first judgment-debtor, is also

present in Court. No warrant of arrest was issued against the judgment-debtor

no.2.

Learned counsel appearing for the judgment-debtors prays for a

further period of eight weeks to file their respective affidavits of assets. The

judgment-debtors shall also disclose the whereabouts of the hypothecated

vehicle in the affidavit of assets.

The affidavit of assets shall be served upon the advocate-on-record of

the petitioner within seven weeks. The warrant of arrest is kept in abeyance

for the time being and the judgment debtor no.1 is discharged from the custody

of the Court.

The undertaking given by the judgment debtor no.1 further records

that the judgment debtor no.1 shall make himself available for giving evidence

or for any other matter for which the Court may direct him to be present.

Counsel submits that the Vakalatnama has already been filed in the

department.

(MOUSHUMI BHATTACHARYA, J.)

Sp/