Kotak Mahindra Bank Ltd vs Syed Shahmeer Ahmed & Ors
2021 Latest Caselaw 676 Cal/2

OD-16
                                    EC/9/2019
                     IA NO: GA/1/2019(Old No:GA/2394/2019)
                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE


                           KOTAK MAHINDRA BANK LTD.
                                     VS
                         SYED SHAHMEER AHMED & ORS.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 8th September, 2021.

Appearance:

Ms. Shrayashee Das, Adv.

Mr. Jishnujit Roy, Adv.

...for award holder.

Re : GA 1 of 2019

The Court: This is an application for execution of an award dated 8th April,

2015. By an earlier order of Court, the judgment debtors were sought to be

served but service could not be effected on them. It appears that by an order

dated 14th March, 2019 newspaper publication has also taken place in the local

newspapers.

None appears on behalf of the judgment debtors nor is any accommodation

prayed for on their behalf.

It is submitted on behalf of the decree holder that save and except rental

dues which aggregate to approximately Rs.38,000/- per month, there is no other

asset of the judgment debtors which the decree holder has been able to trace till

date.

I find that the decree is for an amount of approximately Rs.40 lakhs.

Notwithstanding diverse attempts to effect service, the judgment debtors remain

unrepresented. It is obvious that the judgment debtors are trying to deliberately

and intentionally avoid the decree holder.

In view of the aforesaid, let there be an order in terms of prayer (c) and (d)

of the Master's Summons.

The matter is made returnable on 21st September, 2021.

Re: EC/9/2019

Despite service, none appears on behalf of the judgment debtors nor is any

accommodation prayed for on their behalf.

Let there be an order in terms of prayer (a) of the Tabular Statement.

In default of filing of the Affidavit of Assets by the judgment debtors,

appropriate orders would be passed against the judgment debtors on the

returnable date.

This matter is made returnable on 21st September, 2021.

(RAVI KRISHAN KAPUR, J.)

S.Das/SK.