Kotak Mahindra Bank Ltd vs S Mahesh And Anr
2023 Latest Caselaw 891 Cal/2

ODC-12
                                ORDER SHEET

                                  EC/8/2023

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            (Commercial Division)

                        KOTAK MAHINDRA BANK LTD
                                  VS
                           S MAHESH AND ANR


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 5th April, 2023 Appearance:

Ms. Shrayashee Das, Adv.

The Court: This is an application for enforcement of an award dated 15th

January, 2016. The award is for a sum of Rs.44,07,542.52/-. It is submitted

on behalf of the decree-holder that the award has become final, binding and

enforceable and remained unsatisfied till date. By an order dated 5th January,

2023, the Department was directed to issue a notice under Order 21 Rule 22(1)

of the Code of Civil Procedure. It appears from the report filed by the

Department that service has been effected on the judgment-debtor no.1. It

appears that the award-debtor no.2 has deceased.

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

Tabular Statement.

The judgment-debtor no.1 is directed to file affidavit of assets within a

period of 10 weeks from date.

It is made clear that in default of filing such affidavit of assets,

appropriate orders would be issued against the judgment-debtor no.1.

None appears on behalf of the judgment-debtor no.1 nor is any

accommodation sought for on his behalf.

The decree-holder is directed to effect service on the judgment-debtor

no.1 and file an affidavit of service on the returnable date.

Let this matter appear 12 weeks hence.

(SHEKHAR B. SARAF, J.)

R.Bhar