M/S. Capital First Limited vs M/S. Genext Biotech & Ors
2023 Latest Caselaw 2498 Cal/2

O-51

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

                                   EC/586/2018

                          M/S. CAPITAL FIRST LIMITED
                                      VS
                         M/S. GENEXT BIOTECH & ORS.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 4th September, 2023.

Appearance:

Mr. Ranjit Singh, Adv.

Ms. Pooja Sett Chakraborty, Adv.

The Court: By an order dated 1st October, 2021, the judgment-debtors

had been directed to file their Affidavit of Assets. Thereafter by an order

dated 7th August, 2023, the time to file the Affidavit of Assets was extended.

It is submitted on behalf of the award-holder that no Affidavit of Assets has

been filed till date.

None appears on behalf of the judgment-debtors nor is any

adjournment prayed for on their behalf even in the second call.

This is an application for execution of a decree dated 22nd February,

2019 for an amount of Rs.19,40,968/-. It is submitted on behalf of the

award-holder that the decree has become final, binding, and enforceable

and there is no embargo in proceeding with this application.

In such circumstances, in view of the repeated defaults of the

judgment-debtors, let there be a warrant of arrest against the judgment-

debtor no. 2.

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

of the local Police Station are directed to implement this order and ensure

due execution of the warrant of arrest and production of the judgment-

debtor no.2 before this Court on or before the returnable date.

Let this matter appear in the Monthly List of October, 2023.

(RAVI KRISHAN KAPUR, J.)

S.Bag