Calcutta High Court
Tata Capital Financial Services ... vs Pradip Giri & Anr on 16 June, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
EC No. 100 of 2015
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
TATA CAPITAL FINANCIAL SERVICES LIMITED
Versus
PRADIP GIRI & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date: 16th June 2015.
Appearance:
Ms. Sneha Sharma, Advocate ...for the decree holder.
The Agent appointed by the Receiver could not take possession of the asset in question. The asset is untraceable. The report filed by the Receiver is taken on record. It appears that the judgment debtor No.1 could not be served. However, the judgment debtor No.2 has received a copy of this application along with a copy of the order passed by me on 3rd February 2015. The affidavit of service filed in court is kept with the record.
Under such circumstances, the judgment debtors are directed to file their respective affidavits of assets in Form No. 16A of Appendix of the Code of Civil Procedure within a period of three weeks from the date of communication of this order in which they shall specifically disclose the whereabouts of the asset in question, failing which warrants of arrest shall be issued against the judgment debtors.2
The advocate on record of the petitioner is directed to communicate this order to the judgment debtors and also serve a copy of the application upon the judgment No.1 by speed post with acknowledgement due in course of this week and shall file an affidavit of service on the returnable date.
The matter shall appear on 31st July 2015 under the heading 'Examination of Judgment Debtors' when the judgment debtors shall be present for examination.
( SOUMEN SEN, J. ) S. Kumar A.R.(CR)