Anchor Investment Pvt Ltd vs Tci Finance Ltd
2023 Latest Caselaw 2608 Cal/2

OCD-33

                                ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)


                                  EC/220/2023

                        ANCHOR INVESTMENT PVT LTD
                                    VS
                             TCI FINANCE LTD



  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 12th September, 2023.

Appearance:

Mr. V. V. V. Sastry, Adv.

Mr. Debargha Basu, Adv.

Mr. Rahul Poddar, Adv.

...for the decree-holder

The Court:- There are, at least, four orders in the file which show that

the judgment-debtor has refused to file its affidavit of assets despite repeated

orders of Court. The orders passed in the execution proceedings start from 9th

June, 2023 and a co-ordinate Bench granted several opportunities to the

judgment-debtor to file its affidavit of assets. The orders passed on 1st and 29th

August, 2023 by this Court also record the same.

The judgment-debtor was represented on 29th August, 2023 and sought

for time to file the affidavit of assets as also the Vakalatnama.

No one appears for the judgment-debtor today.

Considering the orders passed by a co-ordinate Bench in June, 2023 and

by this Court in August, 2023, it is deemed fit that a warrant of arrest be

issued against Mahendra Kumar Agarwal, who is believed to be the managing

director of the judgment-debtor in terms of the MCA portal as of 29th August,

2023.

The warrant of arrest is made returnable after eight weeks.

The Department is directed to take out necessary steps in this regard.

List this matter after seven weeks.

(MOUSHUMI BHATTACHARYA, J.)

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