Kotak Mahindra Bank Ltd vs Arif Hossain Mallik & Anr
2023 Latest Caselaw 1987 Cal/2

OD-18

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE

                              EC/481/2014
                  IA NO: GA/2/2020(Old No:GA/638/2020)

                       KOTAK MAHINDRA BANK LTD.
                                   VS
                       ARIF HOSSAIN MALLIK & ANR.


   BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 10th August, 2023.

Appearance:

Ms. Sanchita Chaudhuri, Adv.

...for the judgment-debtors

The Court: This is an application for execution of a decree dated 23rd

December, 2013.

The decree is for a sum of Rs.13,12,384/-.

Notwithstanding repeated orders, the judgment-debtors have failed to

file their Affidavit of Assets. Significantly, the initial order for filing of

Affidavit of Assets was passed as far back as on 2014.

The judgment-debtor no. 1 has been produced pursuant to an earlier

warrant of arrest. By an order dated 30th January, 2015, the judgment-

debtor no. 1 was also found in breach of an undertaking given to Court.

Thereafter, on 25th July, 2023, a final opportunity was granted to the

judgment-debtors to file their Affidavit of Assets.

There is no Affidavit of Assets which has been filed till date. An

Advocate appears on behalf of the judgment-debtors without a Vakalatnaka

and seeks an adjournment. The request of the judgment-debtors to seek

further accommodation is rejected.

In view of the deliberate non-compliance with the orders of the Court

and the failure of the judgment-debtor nos. 1 and 2 to file their Affidavit of

Assets, let warrants of arrest be issued against the judgment-debtor nos. 1

and 2.

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-debtor nos.1 and 2

before this Court on or before the returnable date.

Let this matter appear on 5th September, 2023.

(RAVI KRISHAN KAPUR, J.)

S.Bag