Bombay High Court
L And T Finance Limited vs Mr. Sarat Kumar Satpathy S/O Mr. ... on 4 December, 2018
Author: K.R.Shriram
Bench: K.R.Shriram
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.851 OF 2013
IN
EXECUTION APPLICATION NO.842 OF 2015
IN
ARBITRATION NO.1186 OF 2012
L and T Finance Limited ....Applicant
Vs.
Sarat Kumar Satpathy S/o.
Prafulla Kumar Satpathy and Ors. ....Respondents
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Ms. S.I. Joshi a/w. Ms. Nikita Pawar I/b. S.I. Joshi and Company for
claimant/applicant.
None for respondents.
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CORAM : K.R.SHRIRAM, J.
DATE : 4th DECEMBER 2018 P.C.: 1 On 12th April 2018 an order was passed issuing bailable warrant
against respondent nos.1, 2 and 3 in the sum of Rs.50,000/- each, cash bail, returnable on 5th June 2018. On 5th June 2018 as service report was awaited, the matter was stood over to 19 th June 2018. On 19th June 2018, again the matter was stood over to 16 th July 2018 as service report of the bailable warrant was awaited.
2 Yesterday, Ms. Pooja Bhaidkar, Master and Assistant Prothonotary (Judicial) at about 6.00 p.m. informed me that she has received a letter from the office of the Sub Divisional Magistrate, Kendrapara, Odisha being letter no.6305 dated 5 th November 2018 stating that the original bailable warrant issued against respondent no.3, viz., Gauri Gaekwad ::: Uploaded on - 04/12/2018 ::: Downloaded on - 29/12/2018 06:15:11 ::: 2/3 902.CHS-851-2013.doc Prafulla Kumar Satapathy, has been executed and as the said Prafulla Kumar Satapathy could not furnish cash security of Rs.50,000/- only, he has been remanded to jail custody at Sub Jail, Kendrapara, Odisha. The letter is addressed to Prothonotary and Senior Master and the Sub Divisional Magistrate has requested Prothonotary and Senior Master to take steps for shifting Prafulla Kumar Satapathy from Sub Jail, Kendrapara, Odisha at an early date.
It appears that the Sub Divisional Magistrate had also sent a telegram to Prothonotary and Senior Master on 30 th October 2018 informing Prothonotary and Senior Master that respondent no.3 was arrested and produced before the Sub Divisional Magistrate on 30th June 2018. 3 Therefore, it appears that respondent no.3 has been in jail custody since 30th June 2018, for more than five months as on date. Even if respondent no.3 had been declared as judgment debtor and sent to civil imprisonment for not paying the judgment debt, he would not have spent more than three months. I would have expected applicant also to have taken steps to find out the status as regards service of bailable warrant. 4 Ms. Joshi states that the local office of applicant had made enquiries with the police but received no response. If that was the position, I would have again expected applicant to move this Court for necessary directions to the police.
Gauri Gaekwad
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5 In the circumstances, due to inaction on the part of everybody,
including applicant, respondent no.3 has been in jail for more than five months.
6 The police to immediately release respondent no.3 without insisting on furnishing any bail but take an undertaking from respondent no.3 that he shall remain present in Court on 10th January 2019. 7 Registry to forthwith send this order by courier/fax/email to the Sub Divisional Magistrate, Kendrapara, Odisha. 8 Applicant is also directed to reach this order by 5.00 p.m. today to the Sub Divisional Magistrate, Kendrapara, Odisha. Applicant to send a scanned copy of this order to its local office in Odisha and the employee of applicant, not below the rank of Manager, shall personally take the order with a forwarding letter and hand it over to the Sub Divisional Magistrate, Kendrapara, Odisha, who shall immediately release respondent no.3. The employee of applicant shall also file an affidavit of compliance within one week.
9 All to act on authenticated copy of this order.
(K.R. SHRIRAM, J.) Gauri Gaekwad ::: Uploaded on - 04/12/2018 ::: Downloaded on - 29/12/2018 06:15:11 :::