Tata Capital Financial Services ... vs Gi International Pvt Ltd. And Ors
2023 Latest Caselaw 1344 Cal/2

OD-19
                                 ORDER SHEET

                                  EC/216/2020

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

                    TATA CAPITAL FINANCIAL SERVICES LTD
                                   Versus
                     GI INTERNATIONAL PVT LTD. AND ORS


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 9th June, 2023.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mrs. Debarati Das, Adv.

...for the petitioner

The Court: The orders placed before the Court show that the judgment-

debtor no.4 has repeatedly failed the undertaking given to the Court. The

records further show that a warrant of arrest was issued against the judgment-

debtor no.4 in November, 2022 and April, 2023. The judgment-debtor

surrendered before the Court on both occasions and the warrant was hence

kept in abeyance.

Learned counsel appearing for the petitioner submits that the said

judgment-debtor has not filed his affidavit of assets till date despite several

directions to that effect.

The judgment-debtor no.4, who has been named in the last order passed

by a learned Single Judge on 12th April, 2023, is given one final opportunity to

file his affidavit of assets. The affidavit of assets shall be filed within four weeks

from today.

The petitioner shall communicate this order on the judgment-debtor.

List this matter after five weeks.

A similar direction is passed on the judgment-debtor no.3 since the facts

from the documents on record show that the judgment-debtor no.3 also

surrendered before the Court at least twice on the undertaking that the

judgment-debtor no.3 will file his affidavit of assets.

(MOUSHUMI BHATTACHARYA, J.)

R.Bhar