Kotak Mahindra Bank Ltd vs Rajesh Kumar And Ors
2021 Latest Caselaw 1188 Cal/2

OD-62

                                ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            [Via Video Conference]

                                EC/213/2021

                       KOTAK MAHINDRA BANK LTD.
                                Versus
                        RAJESH KUMAR 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 27 th

March, 2019. 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I find that the previous execution application had been withdrawn on 22 nd

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