Kotak Mahindra Bank Ltd vs Bimla Devi Agarwal And Anr
2022 Latest Caselaw 826 Cal/2

ODC-12

                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE
                              (Via Video Conference)

                                   EC/9/2022
                                IA NO:GA/1/2022


                         KOTAK MAHINDRA BANK LTD.
                                     VS
                        BIMLA DEVI AGARWAL AND ANR.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 10th March, 2022.

Appearance:

Mr. Swatarup Banerjee, Adv.

Ms. Shrayashee Das, Adv.

Mr. Jishnujit Roy, Adv.

Mr. D. Banerjee, Adv.

Mr. M. Swarnokar, Adv.

The Court:-

IA NO:GA/1/2022

This is an application challenging the maintainability of Execution Case

No. 9 of 2022. It is submitted on behalf of the applicants/judgment-debtors that

the agreement which has been annexed to the execution petition is an incorrect

agreement and is not the agreement on which the award has been passed.

Mr. Banerjee, Advocate appearing on behalf of the decree-holder submits

that due to inadvertence an incorrect copy of the Loan-cum-Hypothecation

agreement being No.7000130151 dated 30 th November, 2011 was annexed to the

execution application. He further submits that he is not placing any reliance on

the said agreement being Annexure-A to the affidavit in support of the Tabular

Statement and prays for liberty to file a supplementary affidavit.

I find no merit in the application filed on behalf of the judgment-debtors.

The objection raised by the award-debtor does not pertain to execution of the

award dated 4th September, 2017 which forms the subject matter of this

application.

In view of the aforesaid, GA/1/2022 is dismissed.

However, there shall be no order as to costs. Liberty is granted to the

award-holder to file a supplementary affidavit annexing the correct agreement.

EC/9/2022

This is an application for execution of an award dated 4 th September,

2017. By the award, the judgment-debtors have been directed to pay a sum of

Rs.69,09,769.37/- to the award-holder. It is submitted on behalf of the award-

holder that the award has become final, binding and enforceable and there is no

embargo in this Court proceeding with the execution petition.

In view of the aforesaid and keeping in mind that the award was passed as

far back as on 4th September, 2017 and remain unsatisfied till date, there shall

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

The award-holder is directed to file their Affidavit of Assets within a period

of four weeks from date.

In default of filing of such Affidavit of Assets appropriate orders for

warrant of arrest would be issued against the judgment-debtors.

It is also prayed for on behalf of the award-debtors that a copy of the

execution application be served on him.

Accordingly, the award-holder is directed to serve a copy of the execution

application afresh alongwith all annexures and the affidavit in support on the

Advocate representing the award-debtor, within the course of the week. The

decree-holder shall also furnish a copy of the agreement which forms the subject

matter of the award dated 4th September, 2017, to the judgment-debtor.

Liberty is also granted to the award-debtors to file the Vakalatnama within

the course of the week.

Let this matter appear on 18 April, 2022.

(RAVI KRISHAN KAPUR, J.)

S.Bag