Calcutta High Court
Tata Capital Financial Services ... vs Rubu Construction & Anr on 9 June, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
EC No.46 of 2015
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
TATA CAPITAL FINANCIAL SERVICES LIMITED
Versus
RUBU CONSTRUCTION & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date: 9th June, 2015 Appearance Ms. Sneha Sharma, Adv. with Mr. Abhijit Singh, Adv.
In spite of service, none appears on behalf of the judgment debtors.
The report filed by the receiver shows that the agent appointed by the receiver could not take possession of the said asset in question, as the same is untraceable. The report records that the judgment debtors are willing to pay off the dues of the decree holder on or before 30th March, 2015; failing which, the said asset shall be made over or surrender to the decree holder on or before 10th April, 2015.
It is submitted by the decree holder that the judgment debtors did not pay the dues nor they have surrendered the asset on the basis of the undertaking recorded in the report.
Under such circumstances, the judgment debtors are directed to file his affidavits of assets in Form no.16A of Appendix E of the Code of Civil 2 Procedure within a period of three weeks from the date of communication of this order in which they shall disclose the whereabouts of the asset in question; failing which, warrants of arrest shall be issued against the said judgment debtors.
The matter is adjourned for five weeks.
The learned Advocate on record of the decree holder is directed to communicate this order to the judgment debtors by speed post with acknowledgement due in course of this week and file affidavit of service on the returnable date.
(SOUMEN SEN, J.) AKGoswami