Calcutta High Court
Tata Capital Financial Services Ltd vs Nobel Industries & Anr on 3 August, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER
EC No. 173 of 2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
TATA CAPITAL FINANCIAL SERVICES LTD.
Versus
NOBEL INDUSTRIES & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 3rd August 2017.
Appearance:
Mr. Biplab Majumdar, Advocate.
The award-holder being able to demonstrate service of the award upon the judgment-debtors and having regard to the fact that the time to challenge the award has expired, the award-holder is entitled to enforce the said award in this proceeding. The award- holder has filed a supplementary affidavit disclosing the fact that the judgment-debtor No.1 is a proprietor firm of Sajid Ahmed Bani, son of Mazhar Ahmed Bani, carrying on business at 27, 20/A, Nellie Sengupta Sarani, Kolkata Corporation, New Market, Kolkata - 700078 and also at 20A, Radhanath Chowdhury Road, Kolkata - 700072 and also at 5, Prafulla Sarkar Street, P.O. Princep Street, near ABP Head Office, Kolkata - 700072.
Under such circumstances, the judgment-debtor No.2 shall file an affidavit of assets on behalf of the judgment-debtors in Form No.16A of Appendix-E of the Code of Civil Procedure within four weeks from the date of communication of this order and shall be 2 present for examination on 3rd November 2017, failing which warrant of arrest shall be issued against him.
The petitioner shall communicate this order along with a copy of the petition to the judgment-debtors by speed post with acknowledgement due within a week from date and shall file an affidavit of service on the adjourned date.
(SOUMEN SEN, J.) S. Kumar