AI Structured Summary
Not yet generated for this judgment
Judgment
An warrant of arrest was issued against the judgment-debtors as they failed to file their individual affidavits of assets in spite of an undertaking given to this Court on 17th February, 2016. The judgment-debtor no.1 is present in Court and he has given an undertaking that he will not violate his undertaking in future and shall be present for examination as and when directed. He also undertakes to file affidavit of assets in appropriate form.
Mr. Rajat Kumar Dey, learned Advocate undertakes to file vakalatnama on behalf of the judgment-debtors within a week from date. Mr. Prantik Garai, Advocate instructed by Mr. Rajat Kumar Dey, Advocate has assured this Court that in future, the judgmentdebtor no.1 shall be present and he including his father being the judgment-debtor no.2 shall comply with the directions passed by this Court. The judgment-debtor no.2 is, however, has not appeared.
In view of the undertaking given by the judgment-debtor no.1 and the assurance given on behalf of the judgment-debtors by the learned Advocate representing them, the warrants stand discharged against both the judgment-debtors. The time to file affidavits of assets in appropriate form by the judgment-debtors are peremptorily extended by three weeks from date.
The judgment-debtor no.1 shall be present for examination on 16th February, 2018.
Since it appears that the warrants have remained unexecuted, the returnable date of the warrants of arrest is extended till 16th February, 2018.
The jurisdictional superintendent of police and the officer-in-charge of the local police station are directed to ensure due execution of the warrants of arrest and production of the judgment-debtors on the appointed date.
However, this order will not be used to detain the judgment-debtors prior to producing them under arrest at the appointed date.