Kotak Mahindra Bank Ltd vs Joshi Dominic And Anr
2022 Latest Caselaw 837 Cal/2

ODC-7

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

                                   EC/91/2022

                          KOTAK MAHINDRA BANK LTD.
                                     VS
                           JOSHI DOMINIC AND ANR.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 11th March, 2022.

Appearance:

Ms. S. Das, Adv.

The Court:- This is an application for execution of an award dated 13 th

June, 2019. By the award the judgment-debtors have been directed to pay a

sum of Rs.22,95,589.60/- to the award-holder. Significantly an earlier execution

petition filed on behalf of the award-holder within a period of two years being EC

No. 118 of 2020 was dismissed as withdrawn.

It is submitted on behalf of the award-holder that the award has become

final, binding and enforceable and there is no challenge pending against the said

award.

In view of the aforesaid, I am satisfied that there is no embargo in

proceeding with this execution application.

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

The judgment-debtors are directed to file their Affidavit of Assets within a

period for four weeks from date.

It is made clear that in default of filing of such Affidavit of Assets

appropriate orders for warrants of arrest would be issued against the judgment-

debtors.

The award-holder is directed to effect service of this order and the

execution application on the judgment-debtors forthwith and file an Affidavit of

Service on the returnable date.

Let this matter appear on 20 April, 2022.

(RAVI KRISHAN KAPUR, J.)

S.Bag