Tata Capital Financial Services ... vs Bablu Das And Anr
2023 Latest Caselaw 2932 Cal/2

OD-18

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

                                EC/163/2019
                    TATA CAPITAL FINANCIAL SERVICES LTD.
                                     VS
                            BABLU DAS AND ANR.

BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 12th October, 2023.

Appearance:

Mr. Avishek Guha, Adv.

Ms. Debarati Das, Adv.

Ms. Ritika Pal, Adv.

Mr. Rajiv Kumar, Adv.

...for the award-holder.

Mr. Dipayan Kundu, Adv.

...for the award-debtors.

The Court: The matter has appeared in the list under the heading

'Examination of Judgment-debtors'.

It is submitted on behalf of the award-debtors that the award-debtors are

unable to appear due to their medical grounds. However, on instructions it is

submitted that the award holder is ready and willing to hand over the

hypothecated asset, particulars whereof appear in paragraph 4 of the Affidavit in

support of the Tabular Statement.

It is submitted by the award-debtors that the vehicle is in their possession

and custody.

In such circumstances, let this matter appear on 23 November, 2023. In

the meantime, the authorised representative of the award-holder is directed to

contact the award-debtors and take back the vehicle.

Mr. Abhjit Basu, Advocate, Bar Association, Room No. 4, Receiver

appointed by an order dated 25 June, 2019, is directed to oversee the handing

over the subject vehicle and file a Report on the returnable date.

The Receiver shall be paid a remuneration of 1500 gms., for carrying out

the aforesaid exercise.

Affidavit of Service filed on behalf of the award-holder be kept with the

records.

(RAVI KRISHAN KAPUR, J.)

s.pal