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Judgment
5 paragraphs · 239 wordsCase taken up. Learned Counsel for Petitioner is present.
This Miscellaneous Application under Order XXI Rule 41(3) read with Section 151 of Civil Procedure Code and Section 20 of TRAI Act has been moved with a prayer for issuing a Civil Warrant of detention against Director of judgement debtor company with a further prayer for imposing fine on the Director of judgement debtor for willful non- compliance of the directions of this Tribunal.
An order of issuing notice was passed on 28.05.2024, but in the file, since so many dates notices were being issued and a direction for compliance was there. Even Counsel for Respondent-JD was appearing. The notice is very well there, but deliberate avoidance with regard to satisfaction of decree, as well as making compliance of direction is being made by Directors of JD Company.
For issuing a Warrant for Civil detention, the name, parentage, age and address of that particular person is to be specified and in no circumstance, a blank Warrant against any Director of any JD Company, may be issued because any office is not to be detained rather a physical person is to be detained. Hence, Learned Counsel for DH is being directed for furnishing the details of Director, against whom Civil Detention Warrant is to be issued, specifying his name, parentage, age and address of residence, within a week.
List the matter on 03.10.2024 "for further directions".
