Kotak Mahindra Bank Limited vs Md Iqbal & Anr
2021 Latest Caselaw 1336 Cal/2

UL
                                  EC/478/2019
                     IA GA 1 of 2020 (OLD GA: 604 of 2020)
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE


                         KOTAK MAHINDRA BANK LIMITED
                                     Vs
                               MD IQBAL & ANR.


  BEFORE:
  The Hon'ble JUSTICE TIRTHANKAR GHOSH
  Date : 26th October, 2021.

      [Vacation Bench]

                                                                          Appearance:
                                                             Ms. Shrayashee Das, Adv.
                                                                       ...for petitioner.
                                                                      Md. Kalam, Adv.
                                                                   Mr. J. Mandal, Adv.
                                                                    ...for respondents.

The Court: Leave as prayed for by the learned Advocate on behalf of the

warrantee no. 1 for filing the vakalatanama/power is granted, let the same be filed

on the day fixed.

Learned Advocate for the award-holder is present. Considering the urgency

of the matter, the same is taken up as on day's list. The warrantee no. 1 has been

produced before this Court after being arrested by Garden Reach police station.

The warrantee no. 1 has given an undertaking that he will be present on the next

date so fixed by this Court, i.e. 23.11.2021. The learned Advocate representing the

warrantee no. 1 intends to file an affidavit of assets. Having regard to the

undertaking so given by warrantee no. 1, the warrant of arrest so issued on 10th of

September, 2021 is suspended till 23.11.2021. So far as the warrant of arrest so

issued in respect of judgment debtor no. 2 is concerned, the same is yet to be

executed as the police authorities in spite of their efforts have failed to execute the

same at the available address. The police authorities are directed to exert more

efforts for executing the same and file a report on the next date so fixed.

The warrantee no. 1 be released till 23.11.2021 subject to consideration on

the said date by the Regular Bench.

Let this matter appear before the Regular Bench on the date so fixed, i.e.

23.11.2021, when the warrantee no. 1 shall be physically present.

In respect of further orders regarding leave to file the affidavit of assets as

prayed for, the same would be considered by the Regular Bench.

(TIRTHANKAR GHOSH, J.)

S.Chanda/SK