Kotak Mahindra Bank Ltd vs Sundar And Anr
2022 Latest Caselaw 410 Cal/2

ODC-10
                                  EC/346/2021
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE
                              (Via Video Conference)



                         KOTAK MAHINDRA BANK LTD.
                                    VS
                             SUNDAR AND ANR.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 9th February, 2022.

Appearance:-

Ms. Shrayashee Das, Adv.

Mr. J. Roy, Adv.

The Court:- An Affidavit of Assets filed on behalf of the decree-holder be

kept with the records. It is submitted on behalf of the decree-holder that service

has been effected on the judgment debtors.

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

accommodation prayed for on their behalf.

This is an application for enforcement of an award dated 24th October,

2014. 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.

The award is for a sum of Rs.69,72,180.32/-.

In view of the fact that the award has become final, binding and

enforceable, the judgment-debtors are directed to file their Affidavit of Assets in

Form No.16 A, Appendix-E of the Code of Civil Procedure, 1908. In default of

filing of such Affidavit of Assets, appropriate orders for issuance of warrants of

arrest would be issued against the judgment-debtors.

The matter is made returnable on 28th March, 2022.

In the meantime, the decree-holder is directed to serve a copy of this

application on the judgment-debtors forthwith informing them of the returnable

date and file Affidavit of Service on the returnable date.

(RAVI KRISHAN KAPUR, J.)

D.Ghosh