Kotak Mahindra Bank Limited vs Om Shivam Maternity And Nursing ...

Calcutta High Court

Kotak Mahindra Bank Limited vs Om Shivam Maternity And Nursing ... on 3 May, 2024

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OD-12
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE



                                     EC/206/2019

                 KOTAK MAHINDRA BANK LIMITED
                              VS
   OM SHIVAM MATERNITY AND NURSING HOSPITAL PVT. LTD. AND ORS.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 3rd May, 2024.

Appearance:

Mr. Paritosh Sinha, Adv.

Ms. S. Das, Adv.

Mr. Himanshu Bhawsinghka, Adv. Mr. Rohan Kumar Thakur, Adv.

...for award holder.

Mr. Farhan Ghaffar, Adv.

Md. A. Jilani, Adv.

...for judgment debtor.

The Court: By an order dated 16 April, 2024, this Court had, prima facie, in view of the deliberate false statements made by the judgment debtor, directed the Receiver to go and take physical possession of the vehicle being one Mercedes Benz ML 250 CDI.

The details of the subject vehicle are morefully set out hereinbelow;

"Vehicle Model : Mercedes Benz ML 250 CDI. Chassis No :WDC1660036M000911 Engine No : 65196031477550 Color : CAL WHITE Month/Year of Manu : 4/2013 Present Address : C201 Gajanan Com Station Road, Sachin N.R. Post Office, Surat, Gujarat-394120."

It is submitted that pursuant to the said order, the Receiver had held a metting wherein Mr. Abdul Farhan Ghaffar, Advocate appearing on behalf of the judgment debtor had categorically submitted that the subject vehicle would be brought to Kolkata and would be within the vicinity of this High Court and 2 would be handed over to the Receiver in compliance with the order dated 16 April, 2024.

The judgment debtor has appeared in Court today. The keys of the vehicle smart card in respect of the subject vehicle are handed over to the Advocate appearing on behalf of the award holder. It is further submitted on behalf of the judgment debtor that the vehicle is parked at C201 Gajanan Com Station Road, Sachin N.R. Post Officer, Surat, Gujarat-394120.

The particular location of the vehicle also appears from the document issued by the Gujarat Motor Vehicle Department.

In view of the deliberate non-compliance of the order of Court and the failure of the award debtor to hand over the vehicle to the Receiver, the Receiver is directed to go and take actual physical possession of the vehicle if necessary with police assistance and keep the same at a safe location at Surat to be provided by the award holder. The Receiver is granted liberty to police assistance to implement this order and also granted liberty to appoint an agent for implementation of the order.

Let this matter appear for further examination on 14 May, 2024.

(RAVI KRISHAN KAPUR, J.) SK.