(1.) The learned Advocate on record of the creditor/petitioner, (SICOM in short) took out a Notice of Motion dated 8 July 2003 seeking the following orders against the debtors, Bajranglal Jain and Suresh Jain (debtors in short) of 9 Pretoria Street, Calcutta :-
(2.) Needless to mention, the said Notice of Motion was supported by an affidavit affirmed on 24 June 2003 by one V. C. Deo, Deputy Manager (Legal) of SICOM. According to SICOM both the said Notice of Motion and the said supporting affidavit were served upon the debtors.
(3.) However, when the above was first moved in Court on 8 July 2003, Justice Narayan Chandra Sil (as his Lordship then was) made the following order :-