M/S Cholamandalam Investment And ... vs Manik Sarkar And Anr
2025 Latest Caselaw 1868 Cal/2

Calcutta High Court

M/S Cholamandalam Investment And ... vs Manik Sarkar And Anr on 20 June, 2025

Author: Shampa Sarkar

Bench: Shampa Sarkar

      OD 20                                                       ORDER SHEET


                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE


                          EC/461/2022
    M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                              VS
                     MANIK SARKAR AND ANR

BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR

Date : 20th June, 2025

Appearance:-

Mr. Ranjit Singh, Adv.

Ms. Tutul Das Singh, Adv.

Mr. Amar Singh, Adv.

Mr. Pranit Biswas, Adv.

Ms. Jagnesani Pramanik, Adv. ...for petitioner. Mr. Ramesh Chandra Pal, Adv. ...for award debtor no.1.

The Court :- Mr. Ramesh Chandra Pal, learned advocate submits that

though he was appointed by the High Court Legal Services Committee to represent

the award debtor no.1, Mr. Manik Sarkar, the award debtor no.1 has not

cooperated. He has expressed his inability to continue in the matter. He is granted

liberty to inform this issue to the High Court Services Committee.

Mr. Manik Sarkar, award debtor no.1 and Mr. Niranjan Sarkar, judgment

debtor no.2 have been produced by the police authorities of Habra Police Station in

execution of the warrant of arrest. Oath has been administered.

It is submitted by Mr. Manik Sarkar that he would like to settle the

matter and has already entered into talks with the Company. It is further submitted

that the personnel of the finance Company had taken the vehicle from him and he

has a video footage to prove the same.

Under such circumstances, affidavit of assets should be filed, which will

include the submissions made by Mr. Manik Sarkar (in person), award debtor no.1,

before this court.

As the erstwhile learned advocate has recused himself, Mr. Manik Sarkar,

award debtor no.1 shall approach the High Court Legal Services Committee for

appointment of another learned advocate to represent him before this court and

assist the court.

The warrant of arrest against both the judgment debtors stands

discharged on the undertaking that they will file their affidavit of assets within 1st

August, 2025. Advance copy of such affidavit of assets shall be served upon the

learned advocate for the award holder.

Let this matter appear on 1st August, 2025 under the heading 'To Be

Mentioned'.

(SHAMPA SARKAR, J.)

JM /pkd.