HDFC BANK LIMITED Vs. ANIMESH BARMAN & ANR

JUDGEMENT

(1.) The Court : Pursuant to the warrant of arrest, the judgment debtor no.1 is arrested and produced before this Court. On the basis of the undertaking given by the judgment debtor no.1 that he shall be present in Court as and when directed and shall file an affidavit of asset in Form No.16A of Appendix -E of the Code of Civil Procedure, the warrant of arrest against the judgment debtor no.1 is kept in abeyance till the returnable date.

(2.) The judgment debtor no.1 during his evidence has given the present location of the asset and has assured that he would accompany the Receiver in the event the Receiver visits for the purpose of taking possession of the asset in question. The judgment debtor no.1 is also stated that he is willing to pay the amount to the decree holder.

(3.) Under such circumstances, Mr. Pinaki Ghosh, Advocate is appointed as Receiver over and in respect of the asset in question at an initial remuneration of 1000 GMs to be paid by the decree holder. The Receiver shall take actual physical possession of the asset in question after making an inventory. The judgment debtor shall accompany the Receiver in locating the asset. However, in the event a sum of Rs.6 lakhs is paid within four weeks from date, the Receiver shall not take actual physical possession of the asset in question but shall remain in symbolic possession thereof.