Citation : 2024 Latest Caselaw 2816 Cal/2
Judgement Date : 3 September, 2024
ORDER SHEET
OCD-2
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
[COMMERCIAL DIVISION]
EC/285/2022
M/S. DUTTA AND DUTTA VIDEO ADV AND AD FILMS (PVT.) LTD.
VERSUS
M/S. PUNDIT D. P. SHARMA
BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK
Date: 3rd September, 2024.
Appearance:
Mr. Shounak Mukhopadhyay, Adv.
Mr. Ranjit Singh, Adv.
Ms. Pooja Sett, Adv.
For the Decree-holder.
Mr. Dhiraj Kumar Gupta, Adv.
Mr. Swarup Sahu, Adv.
For the Judgment-debtor.
The Court :- Affidavit of service filed in Court today is taken on record.
The judgment debtor, Mr. Surya Kumar Pandey, is absent today.
It is informed by the learned Advocate for the judgment debtor that he is
not in contact with his learned Advocate.
Mr. Shounak Mukhopadhyay, learned Advocate for the decree-holder,
submits that the judgment debtor time and again has flouted the orders of this
Court and for such reasons on previous occasions warrant of arrest was issued
against him. There has been repeated mis-conduct on the part of the judgment
debtor to appear before this Court. Due such non-appearance of the judgment
debtor, the execution case is pending since long. He seeks for issuance of
warrant of arrest against the judgment debtor. He also submits for an order of
attachment of the bank accounts mentioned in paragraph no.9 of the affidavit of
assets.
Upon going through the record, it appears that due to non-appearance of
the judgment debtor on several occasions warrant of arrest had to be issued for
securing the attendance of the judgment debtor. The judgment debtor was also
directed to deposit an amount of Rs.1,00,000/- with the Registrar, Original Side
in view of such conduct. The judgment debtor filed his affidavit of assets and in
the midst of examination he failed to appear. In view of such conduct, let warrant
of arrest be issued against the judgment debtor.
Further the judgment debtor is restrained from operating his bank
accounts being No. (i) HDFC Bank Account No. 99999830311786 and (ii)
Standard Chartered Bank Account No. 33610242247 until further orders.
The Department is directed to take appropriate steps accordingly.
List this matter on 24th September, 2024.
(BIVAS PATTANAYAK, J.)
snn.
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