Calcutta High Court
Aditya Birla Finance Limited vs Aami Bangali Restaurant And Catereres & ... on 1 August, 2024
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
ORDER SHEET
ODSL-1
EC/359/2022
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISIDICTION
ORIGINAL SIDE
COMMERCIAL DIVISION
ADITYA BIRLA FINANCE LIMITED
VERSUS
AAMI BANGALI RESTAURANT AND CATERERES & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 1st August, 2024.
Appearance:
Ms. Pooja Sett, Adv.
Mr. Ranjit Singh, Adv.
Ms. Pragya Barua, Adv.
For the petitioner.
Ms. Amrin Khatoon, Adv.
Md. Zeeshan Uddin, Adv.
For the judgment debtor no.2.
The Court :- By an order dated 18th July, 2024 a warrant of arrest
was issued directing personal production of award-debtor no.2 on 5 th
September, 2024 when the matter has been directed to appear in the list.
The Officer-in-Charge of the concerned police station as well as the
Superintendent of Police having territorial jurisdiction over the area was
directed to ensure the complies of the warrant of arrest.
The matter was mentioned by Ms. Amrin Khatoon, learned advocate
representing the award-debtor no.2 with a prayer to allow the award-debtor
no.2 to appear and surrender. The matter, therefore, has been brought into
supplementary list on being so mentioned.
The award-debtor no.2, namely Sumantra Bhattacharyya son of
Nirmal Bhattacharjee, residing at Rose-1, Flat 3d, Magnolia City, Shastriji
Road, Nabapally, Near Sidheshwari Board Mill, Kolkata, Barasat(m), North
24 Parganas, West Bengal-700126 is personally present in Court and has
placed his original Aadhar Card to prove his identity. The said award-debtor
no.2 is discharged on the following undertakings to be submitted before the
Office of Deputy Sheriff, Calcutta.
1) The award-debtor no.2 shall file his affidavit of assets by 9 th
August, 2024.
2) The award-debtor no.2 shall not leave the jurisdiction of his local
police station which, according to the award-debtor no.2, is
Barasat Police Station.
3) The award-debtor no.2 shall meet the Officer-in-
Charge/Inspector-in-Charge, Barasat Police Station on and from
2nd August, 2024 till 4th September, 2024.
4) The award-debtor no. 2 shall appear before the regular
Execution Court on 5th September, 2024.
The learned advocate, Ms. Amrin Khatoon, shall file her
Vakalatnama by 2nd August, 2024 in the department. The said learned
advocate shall be responsible for the appearance of the award-debtor no.2
before the Court on 5th September, 2024 when the matter has been made
returnable.
The warrant of arrest issued in terms of the order dated 18 th July,
2024 shall be kept in abeyance till 5th September, 2024 on the award-
debtor no.2 providing the undertakings as directed herein. The award-
debtor no.2 shall be permitted to leave the Court premises only upon
furnishing the undertaking to the satisfaction of the Deputy Sheriff,
Calcutta.
Let this matter appear before the regular Execution Court on 5 th
September, 2024 as has been directed by the order dated 18 th July, 2024.
(ARINDAM MUKHERJEE, J.)
snn
