Banamali Sur v. Zenith Credit Corporation And ANR

ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE IA NO : GA 1 OF 2024 APOT 161 of 2024 WITH EC No. 279 of 2019 BANAMALI SUR

Versus

ZENITH CREDIT CORPORATION AND ANR.

BEFORE:

The Hon'ble JUSTICE I.P. MUKERJI And The Hon'ble JUSTICE BISWAROOP CHOWDHURY Date : 15th May, 2024.

Mr. Soumya Ray, Adv.

Ms. Reshmi Mukherjee, Adv.

Mr. Ashok Halder, Adv.

Mr. Promit Panda, Adv.

...For the appellant Mr. PriyankarSaha, Adv.

Mr. PourushBandhyapadhyay, Adv.

Mr. Jaydeep Roy, Adv.

Mr. Paritosh Sinha, Adv.

Mr. Sourya Samanta, Adv.

...For the respondent Mr. Amar Nath Sen, Adv.

Mr. Srijit Halder, Adv.

...For respondent no. 2 Dispensing with all formalities, the appeal is taken up for hearing and disposed of by this judgment and order.

Banamali Sur, the appellant shall file his affidavit of assets in the department by 17th May, 2024, furnishing a copy thereof to Mr. Priyankar Saha's advocate on record.

Provided the appellant presents himself in court physically at least one hour before the 'Examination of judgment debtor matters' are likely to be called on by the court and reports such attendance to the advocate-on-record of the respondent/award-holder, the stipulation in the impugned judgment and order dated 16th April, 2024 that the police have to ensure his presence in court, shall remain in abeyance. If the appellant is in breach of this order the learned trial court may adjourn the examination of judgment-debtor matter and enforce the order dated 16th April, 2024 with full vigour.

The appeal (APOT 161 of 2024) and the stay application (IA NO : GA 1 of 2024) are accordingly disposed of, modifying the impugned judgment and order to the above extent.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) TR/