Cholamandalam Investment And Finance ... vs Ayan Banerjee And Anr
2025 Latest Caselaw 2471 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-1

                                 ORDER SHEET

                       IN THE HIGH COURT AT CALCUTTA
                            COMMERCIAL DIVISION
                                ORIGINAL SIDE

                        EC-COM/137/2025
      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. The matter was made returnable

in the monthly list of November, 2025.

The Award Debtor nos.1 and 2 have 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 nos.1 and 2 have been produced in Court. The particulars of Award

Debtor nos.1 and 2 are as follows:

1) Ayan Banerjee, Aged about 28 years, Occupation-Service, S/O-

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

Parganas, 700112. 2) Argha Banerjee, aged about 34 years, Occupation-

Unemployed, (S/O- Chandan Banerjee), Address- Panshila, North Natagarh,

Panihati, North 24 Parganas, 700112 are released for the time being upon

executing necessary undertaking before the Deputy Sheriff that they 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 they will be travelling or visiting.

The Award Debtor nos.1 and 2 shall also undertake to be present before the

appropriate Bench when the matter appears in the monthly list of November,

2025. The Award Debtor nos.1 and 2 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 Debtor nos.1 and 2 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 Debtor nos.1 and 2 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