Calcutta High Court
Tata Capital Financial Services ... vs S. Mukherjee & Anr on 16 June, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER
EC No. 109 of 2015
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
TATA CAPITAL FINANCIAL SERVICES LIMITED
Versus
S. MUKHERJEE & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date: 16th June 2015.
Appearance:
Ms. Sneha Sharma, Advocate ...for the petitioner.
The report filed by the Receiver shows that the Agent appointed by the Receiver could not take possession of the asset in question. The said asset is untraceable. The report filed by the Receiver is kept with the record.
While the judgment debtor No.2 has been served with a copy of this application and the order passed in this proceeding, it appears that the service could not be effected upon the judgment debtor No.1. Under such circumstances, leave is given to the petitioner to publish the gist of Column 10 of the Tabular Statement once in an English daily and once in a Bengali daily having wide circulation in or around Durgapur, West Bengal within three weeks from date. The said publication shall specifically mention that in the event the judgment debtor No.1 fails to file his affidavit of assets in Form No. 16A of Appendix E to the Code of Civil Procedure within three weeks from the date of 2 publication, warrant of arrest shall be issued against the said judgment debtor No.1.
The judgment debtor No.2 shall file an affidavit of assets in Form No. 16A of Appendix E to the Code of Civil Procedure within three weeks from the date of communication of this order, failing which warrant of arrest shall be issued against the said judgment debtor 2.
The matter shall appear under the heading 'Examination of Judgment Debtors' on 14th August 2015 when the judgment debtor No.1 shall be present for examination.
The petitioner is directed to communicate this order to the judgment debtors by speed post with acknowledgement due and shall file an affidavit of service on the returnable date.
(SOUMEN SEN, J.) S. Kumar A.R.(CR) 2