Cholamandalam Investment And ... vs Mahamudul Hasan And Anr
2023 Latest Caselaw 1367 Cal/2

OCD-39
                                ORDER SHEET

                                 EC/423/2022

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

    CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                          Versus
                MAHAMUDUL HASAN AND ANR.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 13th June, 2023.

Appearance:

Ms. Shrayashee Das, Adv.

Ms. Ranjana Ghosh, Adv.

The Court: It appears from the records that the judgment-debtors were

directed to file their affidavits of assets on at least two occasions. On their

failure to comply with the directions passed by the Court, the jurisdictional

Superintendent of Police was also directed to execute a warrant of arrest and

produce the judgment-debtor no.1. On the returnable date, i.e., on 4th April,

2023, the judgment-debtor no.1 undertook to file his affidavit of assets in the

required form within two weeks from the date of the order and the warrant of

arrest was hence kept in abeyance. On 28th April, 2023 and 4th May, 2023, the

representing advocate of the judgment-debtor appeared and took the point of

unilateral appointment of Arbitrator.

The position that emerges, however, is that the judgment-debtor is still to

file his affidavit of assets.

The jurisdictional Superintendent of Police and the Officer-in-Charge are

hence directed to revive the warrant of arrest and execute the same. The

judgment-debtor no.1 shall be produced before the Court on the returnable

date.

List this matter on 14th July, 2023.

(MOUSHUMI BHATTACHARYA, J.)

bp.