M/S Cholamandalam Investment And ... vs Rajib Sarkar And Ors
2023 Latest Caselaw 2594 Cal/2

OD-31

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



                                  EC/37/2021

  M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                            VS
                   RAJIB SARKAR AND ORS


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 8th September, 2023.

Appearance:

Mrs. Tutul Das Singh, Adv.

...for the petitioner

The Court:- No one appears for the judgment debtor nos. 2 or 3. The

orders in the file show that the judgment debtors undertook to file their

respective affidavit of assets from 10th February, 2023 onwards. The warrant of

arrest was kept in abeyance on the basis of such undertaking. The warrant of

arrest was revived on 19th April, 2023 and on 16th June, 2023 on the failure of

the judgment debtors to comply with the directions passed by the Court. The

last order passed by this Court on 28th July, 2023 reflects that the judgment

debtor no. 2 was given leave to approach the State Legal Services Authority/

High Court Services Authority for engaging a lawyer subject to his eligibility

under the Act of 1987. The Advocate-on-Record who represented the judgment

debtor no. 3 is also not present in Court today.

List this matter on 29th September, 2023 as a last chance to the

judgment debtors to file their respective affidavit of assets. The Advocate-on-

Record of the petitioner will communicate this order on the judgment debtors.

If the judgment debtors remain in defiance, the Court will proceed to re-

issue the warrant of arrest against the judgment debtors on the returnable

date.

(MOUSHUMI BHATTACHARYA, J.)

T.O.

A.R.(C.R.)