Tata Capital Financial Services ... vs Siaram Choudhury And Anr
2023 Latest Caselaw 1390 Cal/2

OD-20

                                ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            [Via Video Conference]

                                 EC/130/2019

                  TATA CAPITAL FINANCIAL SERVICES LTD.
                                  Versus
                      SIARAM CHOUDHURY AND ANR.


 BEFORE:
 The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
 Date : 16th June, 2021
                                                                             Appearance:
                                                           Mr. Swatarup Banerjee, Adv.
                                                                Mr.Avishek Guha, Adv.
                                                                Ms. Debarati Das, Adv.
                                                            Ms. Akansha Chopra, Adv.
                                                                     ...for the petitioner

                                                               Mr. Sounak Ghosh, Adv.
                                                        Mr. Sayan Chattopadhyay, Adv.
                                                                   ...for the respondent

The Court : The judgment-debtor no.1 has been examined in Court.

The judgment-debtor says that he does not have any means of satisfying the

outstanding dues of Rs.14 lakhs.

Learned counsel appearing for the judgment-debtors submits that the

judgment-debtor no.1 intends to file an application challenging the unilateral

appointment of the Arbitrator. It is submitted on behalf of the petitioner that

the application as intended to be filed cannot be filed at the stage of execution.

Learned counsel appearing for the petitioner submits that since the

judgment-debtor has stated that the judgment-debtor is not in a position to

pay, an order may be passed under Order XXI Rule 37 of The Code of Civil

Procedure, 1908 directing the judgment-debtor no.1 to show cause as to why

the judgment-debtor no.1 shall not be sent to civil prison.

Since the judgment-debtor is still to file an application, the question of

deciding the point of unilateral appointment at this stage does not arise. This

judgment-debtor is given one last opportunity to explore any means for settling

the outstanding dues of Rs.14 lakhs.

List this matter after four weeks.

(MOUSHUMI BHATTACHARYA, J.)

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