Kotak Mahindra Bank Ltd vs Vijay Ranjan & Ors
2021 Latest Caselaw 1320 Cal/2

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OD-24

                         IN THE HIGH COURT AT CALCUTTA
                          Ordinary Original Civil Jurisdiction
                                   ORIGINAL SIDE

                                     EC/623/2018

                            KOTAK MAHINDRA BANK LTD.
                                       VS
                               VIJAY RANJAN & ORS.
                                       .....

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 7th October, 2021.

Ms. S. Das, Advocate for petitioner.

The Court: It appears from the Report filed by the department that no service

has yet been effected on the judgment debtors no.1 and 2.

In view of the aforesaid, the decree holder is directed to take steps for substituted

service by publishing the gist of column 10 of the Tabular Statement in two local

newspapers one in an English daily and once in a Hindi daily of wide local circulation

where the judgment debtors used to reside.

It also appears from the aforesaid Report that service in so far as the judgment

debtor no.3 is concerned has returned with the endorsement 'Refused'.

In view of the aforesaid, the judgment debtor no.3 is directed to file an Affidavit of

Assets in terms of Form 16A of the Appendix E of the Code of Civil Procedure, 1908

disclosing full particulars of his assets and properties which are sufficient to satisfy the

decreetal dues within a period of four weeks from date.

In default of filing of affidavit of assets, appropriate orders for warrant of arrest

would be issued against the judgment debtor no.3.

The decree holder is directed to serve a notice on the judgment debtor no.3

forthwith and file an affidavit of service on the returnable date.

Let this matter appear in the monthly list of December, 2021.

(RAVI KRISHAN KAPUR, J.)

pkd.