Anil Contractors Private Limited And Others v. M/S Seri Equipment Finance Limited

S/L-18 31-07-2023 KOLE CRR 3862 of 2022 Anil Contractors Pvt. Ltd. & Ors.

-Vs.- M/s. SREI Equipment Finance Limited Mr. Arindam Jana, Mr. S. Chatterjee, Ms. A. Halder, Mr. Partha Pratim Sinha, ... for the petitioners.

The present revisional application was preferred challenging the continuance of CS No. 43633 of 2021 under Sections 25/27 of the Payment and Settlement System Act, 2007. The said proceedings are pending before the Learned Magistrate, 8th Court at Calcutta. Having considered submissions made by Mr. Jana, learned Advocate for the petitioners, I am of the view that the issues so canvassed are mainly questions of fact which are to be advanced in course of trial of the case.

Mr. Jana further submits that another issue is regarding the order of attachment and warrant of arrest. In so far as the warrant of arrest is concerned, the same is stayed till 31st August, 2023. If the petitioners appear and pray for bail and thereafter file an application under Section 205 of the Code of Criminal Procedure with prior undertakings learned Magistrate will dispose of the same in accordance with law. With the aforesaid observations, CRR No. 3862 of 2022 is disposed of.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this court. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. ( Tirthankar Ghosh, J. )