Bhanwari Lal Jain vs Rkd Infrastructure Pvt Ltd
2025 Latest Caselaw 1395 Cal/2

Calcutta High Court

Bhanwari Lal Jain vs Rkd Infrastructure Pvt Ltd on 7 March, 2025

OCD-6
                                   ORDER SHEET
                           IN THE HIGH COURT AT CALCUTTA
                               COMMERCIAL DIVISION
                                 ORIGINAL SIDE

                                EC-COM/519/2024

                              BHANWARI LAL JAIN
                                     -VS-
                         RKD INFRASTRUCTURE PVT LTD.

  BEFORE:
  The Hon'ble JUSTICE PARTHA SARATHI SEN

Date : 7th March, 2025.

Appearance:

Ms. Sanchari Chakraborty, Adv.

Ms. Akansha Chowdhury, Adv.

...for decree Holder.

The Court :- 1. Ms. Chowdhury, learned counsel appearing on behalf of

the decree holder, at the very outset, draws attention of this Court to the order

dated 14th February, 2025 as passed by this Court.

2. It is submitted by Ms. Chowdhury that the notice along with a server

copy of the earlier order as has been sent to judgment debtor returned with an

endorsement "Not Claimed".

3. It is further submitted by Ms. Chowdhury that due to paucity of time,

the advocate-on-record for the decree holder could not make the affidavit of

service ready. Ms. Chowdhury further submits that such affidavit of service

can be filed on the next Monday i.e. on March 10, 2025 in the Department.

4. In view of such, liberty is given to the decree holder to file affidavit of

service enclosing the returned envelop positively by March 19, 2025 in the

Department.

5. Since "Not Claimed" is a good service and since the judgment debtor

does not turn up in spite of service and also since the judgment debtor has

not filed his affidavit of assets and properties, the Registrar, Original Side is

directed to issue warrant of arrest in the name of the Director(s) of the

judgment debtor forthwith and the said warrant of arrest is returnable on the

adjourned date.

6. The Registrar, Original Side is also directed to execute the warrant of

arrest for production of the Director(s) of the judgment debtor company

through the Deputy Sheriff of this Court.

7. Let the matter be listed on April 4, 2025.

(PARTHA SARATHI SEN, J.)

KB AR(CR)