Citation : 2022 Latest Caselaw 3097 Cal/2
Judgement Date : 16 December, 2022
ODC-5
ORDER SHEET
EC/16/2021
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
KOTAK MAHINDRA BANK LIMITED
VS
A GAYATHIRI AND ANR.
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date : 16th December, 2022
Appearance:
Ms. Srayashee Das, Adv.
Mr. Jishnujit Roy, Adv.
The Court: The execution application, being EC 16 of 2021 is coming up
after the substitution of the name of the award-holder.
By an order dated 25th July, 2022, there was issuance of warrant of
arrest against the judgment-debtor no.2, which remains unexecuted.
It appears from the earlier orders of Court that despite repeated
opportunities given to the judgment-debtor no.2, the judgment-debtor no.2 has
failed to file their affidavit of assets.
In view of deliberate non-compliance on the part of the judgment-debtor
no.2, let a fresh warrant of arrest be issued against judgment-debtors.
The jurisdictional Superintendent of Police and the Officer-in-Charge of
the local police station are directed to ensure due execution of the warrants of
arrest and production of the judgment-debtors before this Court on or before
the returnable date.
The warrants of arrest are made returnable after 14 weeks.
(SHEKHAR B. SARAF, J.)
R.Bhar
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