Poonawalla Fincorp Limited vs Ranjeet Kumar
2023 Latest Caselaw 2767 Cal/2

OD-60

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

                               EC/503/2018

                      POONAWALLA FINCORP LIMITED
                                 VS
                           RANJEET KUMAR

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 3rd October, 2023.

Appearance:

Mr. Paritosh Sinha, Adv.

Mr. K. K. Pandey, Adv.

Ms. E. Saha, Adv.

The Court: This is an application for execution of a decree dated 27th

March, 2017. It is submitted on behalf of the decree-holder that the decree

has attained finality and there is no embargo in proceeding with this

execution application. The decree is for a sum of Rs.16,66,639/- inclusive of

interest. By an order dated 14th December, 2018, a Co-ordinate Bench had

directed issuance of a warrant of arrest against the judgment-debtor no. 1.

Despite the warrant of arrest having been issued as far back as on 14th

December, 2018, the judgment-debtor has not been produced.

Significantly, repeated orders as on 22nd February, 2019, 5th April,

2019, 21st June, 2019, 16th August, 2019, 3rd January, 2020, 13th January,

2022 and 4th August, 2023 have been passed extending the warrant of

arrest. However, the judgment-debtor has not been produced till date.

It is obvious that the decree-holder has not been able to furnish the

exact particulars of the judgment-debtor nor has the decree-holder taken

effective steps in this matter.

In such circumstances, extending the warrant of arrest any further is

undeserved and justified.

EC/503/2018 stands dismissed.

Liberty is granted to the decree-holder to file a fresh execution

application after obtaining full particulars of the judgment-debtor in

accordance with law.

(RAVI KRISHAN KAPUR, J.)

S.Bag