Cholamandalam Investment And Finance ... vs Ayan Banerjee And Anr
2025 Latest Caselaw 2465 Cal/2

Calcutta High Court

Cholamandalam Investment And Finance ... vs Ayan Banerjee And Anr on 9 September, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OCDSL- 3

                                ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                           COMMERCIAL DIVISION
                               ORIGINAL SIDE

                        EC-COM/139/2025
      CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                               VS
                     AYAN BANERJEE AND ANR.




BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 9th September, 2025.

Appearance:

Mr. Shaswat Nayak, Adv.

Mr. Dipankar Das, Adv.

Mr. Saikat Nag, Adv.

Ms. Supriya Sarkar, Adv.

...for the Award Debtors.

Ms. Shrayashee Das, Adv.

Mr. Rohan Kumar Thakur, Adv.

Mr. Tridibesh Dasgupta, Adv.

.... for the award-holder

The Court: This is an execution application arising out of an award

dated 5th September, 2022 which according to the applicant has become

executable as a decree. A direction for filing of affidavit of assets under the

provision of Order XXI Rule 41 of the Code of Civil Procedure, 1908 (CPC) by

the judgment debtors was issued on 2nd April, 2025. The affidavit of assets

by the Judgment/Award Debtors were required to be filed by 17th June,

2025. Since there has been a default in filing the affidavit of assets, warrant

of arrest was issued on 12th August, 2025 against Award Debtor no.1. The

matter was made returnable in the monthly list of November, 2025.

The Award Debtor no.1 has been arrested and produced before

the Learned Sheriff by the personnel of Ghola Police Station in execution of

the warrant of arrest.

The regular Bench is not available and as such the matter was

mentioned before this Bench having urgent determination.

The matter has been brought into the supplementary list. The Award

Debtor no.1 has been produced in Court. The particulars of Award Debtor

no.1 is as follows:

Ayan Banerjee, aged about 28 years, Occupation-Service, S/O-

Chandan Banerjee, Address- Panshila, North Natagarh, Panihati, North 24

Parganas, 700112 is released for the time being upon executing necessary

undertaking before the Deputy Sheriff that he shall not leave the jurisdiction

of Ghola Police Station without specific intimation to the Inspector-in-

Charge/Officer-in-Charge of Ghola Police Station after providing the details

of the place/places he will be travelling or visiting. The Award Debtor no.1

shall also undertake to be present before the appropriate Bench when the

matter appears in the monthly list of November, 2025. The Award Debtor

no.1 shall file their affidavit of assets in proper form by 28th October, 2025

and serve a copy thereof to the decree holder. At the request of Mr. Nayak,

learned Advocate appearing on behalf of the Award Debtors instructed by

Mr. Dipankar Das the learned Advocate for the petitioner is directed to serve

a copy of the execution application upon Mr. Dipankar Das by 12th

September, 2025.

The learned Advocate representing the Award Debtors is granted leave

to file vakalatnama in the department by 17th September, 2025.

The warrant of arrest is kept in abeyance until further orders.

The papers are set down to the department to be placed before

the appropriate Bench when the matter is directed to appear in the monthly

list of November, 2025.

(ARINDAM MUKHERJEE, J.)

S.Mandi