JYOTIRMAY BHATTACHARYA,C.J. - (1.) This appeal has been filed against the order of the Learned Single Judge dated 9th July, 2018 passed in an execution proceeding. Two foreign arbitral awards have been put into execution before the learned single Judge. The judgment debtor is one M/s. R. Piyarelall Import and Export Limited which has been renamed as Rythem Overseas Trading Ltd. The directors of the judgment debtor were being examined by the learned Judge to find out the particulars of the assets and properties of the judgment debtor so that the awards could be executed. In course of such examination, one of the directors apparently mentioned the name of the present appellant as the main person who was in-charge of the affairs of the judgment debtor. The learned Judge ordered presence of the appellant for being examined.
(2.) In an order dated 9th February, 2018, the learned Judge directed the appellant to be present in Court on 9th March, 2018 with full particulars of the assets and properties of the judgment debtor/company. In subsequent order dated 8th June, 2018, the learned Judge has recorded that service could not be effected upon the present appellant. Postal envelope addressed to the appellant had been returned with the endorsement "insufficient address". Office of the Sheriff was thereafter directed to cause personal service upon the appellant. Subsequently, on 9th July, 2018, the impugned order was passed.
(3.) In the impugned order, the learned Judge recorded that the appellant was present in Court and wanted to surrender to the court. The learned Judge recorded that the appellant was fully aware of the proceedings but did not cooperate with the court. He was avoiding the process of court. He was absconding. Since he is likely to abscond, he should be put in jail. Accordingly, the learned Judge directed the Sheriff to take custody of the appellant.;