Calcutta High Court
Bhanwari Lal Jain vs Rkd Infrastructure Pvt Ltd on 27 March, 2025
1
OD - 1 (Supple.)
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
(Commercial Division)
EC-COM/519/2024
BHANWARI LAL JAIN
VS
RKD INFRASTRUCTURE PVT LTD.
BEFORE :
THE HON'BLE JUSTICE PARTHA SARATHI SEN
Date : 27th March, 2025
Appearance :
Mr. Kumarjit Banerjee, Adv.
Ms. Sanchari Chakraborty, Adv.
Ms. Akanksha Chowdhury, Adv.
..for the dedree-holder.
Mr. Parashar Baidya, Adv.
Mr.Binay Shaw, Adv.
..for the judgment-debtor.
1.
The matter is listed today in the supplementary list
under the heading 'To Be Mentioned' at the instance of
the learned advocate for the judgment-debtor.
2. At the time of hearing the learned advocate appearing on
behalf of the judgment-debtor at the very outset draws
the attention of this Court to the order dated March 7,
2025 whereby and whereunder this Court directed the
Registrar, Original Side of this Court, to execute the
warrants of arrest for production of the directors of the
judgment-debtor company. It is submitted on behalf of the
judgment-debtor company that pursuant to the said order,
the warrant of arrests have been issued in the names of
the directors of the judgment-debtor company, that is,
Tapan Kumar Das, Ratan Kumar Das and Rup Pratim Das. It
is submitted that the three above-named judgment-debtors
are present before this Court today and the said three
directors are ready and willing to comply with the order
as passed by this Court regarding their presence on the
subsequent occasion. It is submitted that an appropriate
order may be passed for recalling the warrants of arrest
of the three afore-mentioned names who are the directors
of the judgment-debtor company.
3. Per contra, the learned advocate for the decree-holder
draws the attention of this Court to the provisions of
Order 21 Rule 40 of the Code of Civil Procedure. It is
submitted on behalf of the decree-holder that pursuant to
the said Rule 40(2) Order 21, it is incumbent upon the
judgment-debtors to furnish security to the satisfaction
of the Court for their appearance.
4. On careful consideration of the entire materials as
placed before this Court and after hearing the learned
advocates appearing for the contending parties, it
appears to this Court that since the afore-mentioned
three persons being the directors of the judgment-debtor
company in the instant execution case appear before this
Court today in person, there cannot be any justification
for further execution of the warrants of arrest as was
directed to be issued on March 7, 2025 by this Court.
5. In view of such, the warrants of arrest as issued
pursuant to the order dated March 7, 2025 in the names of
Tapan Kumar Das, Ratan Kumar Das and Rup Pratim Das being
the directors of the judgment-debtor company are hereby
recalled with a direction that on the returnable date,
that is, April 10, 2025 they shall file their respective
affidavits of assets in the department at least three
working days ahead after serving advance copies of the
same to the learned advocate for the decree-holder. The
afore-mentioned three directors of the judgment-debtor
company are further directed to execute three separate
personal security bond of Rs.50,000/- each before the
learned Registrar, Original Side of this Court,
positively within three working days from today.
6. Before parting with, the learned advocate for the
judgment-debtor is hereby requested to file authenticated
photocopies of the Aadhar Cards of the afore-mentioned
three directors of the judgment-debtor preferably in
course of this day.
7. Let the matter be listed on April 10, 2025.
(PARTHA SARATHI SEN,J.)
sd/
