Kotak Mahindra Bank Limited vs Rafikul Sarkar And Ors
2021 Latest Caselaw 1186 Cal/2

OD-71

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

                               EC/222/2021

                    KOTAK MAHINDRA BANK LIMITED
                                VS
                      RAFIKUL SARKAR AND ORS.

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 29th September, 2021.

Appearance:

Mr. Paritosh Sinha, Adv.

Ms. Shrayashee Das, Adv.

Mr. Jishnujit Roy, Adv.

...for the award-holder

The Court:- This is an application for execution of an award dated 18 th

August, 2018. It is submitted on behalf of the decree-holder that the

award has become final, binding and enforceable and there is no

challenge to the same.

I find that the previous execution application had been withdrawn on

23rd September, 2021 and liberty had been granted to the decree-holder to

file an execution proceeding afresh.

Since the decree remains unsatisfied till date, let there be an order in

terms of prayer (a) of the Tabular Statement.

The decree-holder is directed to serve a notice on the judgment

debtors informing them of the passing of this order.

It is made clear that in default of filing of such Affidavit of Assets,

appropriate orders for warrant of arrest would be issued against the

judgment debtors.

The judgment debtors are directed to file their affidavit of assets

within a period of four weeks from date.

Let this matter appear on 17th November, 2021.

(RAVI KRISHAN KAPUR, J.)

S.Bag/TO