High CourtsSingle Bench(2018) 01 CAL CK 0028

SREI EQUIPMENT FINANCE LIMITED vs PRANABANDHU SITHA & ORS.

Calcutta High Court · Decided on 3 January 2018

HON’BLE JUDGES
Soumen Sen
CASE NUMBER
278 of 2017

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Judgment

6 paragraphs · 233 words
1.

In spite of communication of the order dated 21st November, 2017 upon the judgment-debtor no.1, the said judgment-debtor no.1 has neither been represented nor filed an affidavit of assets in the prescribed form.

2.

Under such circumstances, warrant of arrest is issued against the judgment-debtor no.1. The said warrant is made returnable on 23rd February, 2018.

3.

Leave is given to the decree-holder to effect substituted service upon the judgment-debtor nos.2 and 3 by paper publication in once in an English daily and once in Hindi daily within three weeks from date. The judgment-debtor nos.2 and 3 are directed to file their individual affidavits of assets in Form no.16A of Appendix-E of the Code of Civil Procedure on or before 23rd February, 2018; failing which warrants of arrest shall be issued against them. The judgment-debtors shall, in their affidavits of assets, disclose the whereabouts of the asset in question. This direction shall also form part of the publication.

4.

The matter is made returnable on 23rd February, 2018. The returnable date of this application shall also be specifically mentioned in the publication notice.

5.

The jurisdictional Superintendent of Police and the Officer-in-Charge of the local police station are directed to ensure the execution of the warrants and production of the judgment-debtors on the returnable date.

6.

The Deputy Sheriff shall communicate this order to the jurisdictional Superintendent of Police for immediate compliance.