Ashok Kumar Jain vs Kotak Mahindra Bank Limited And ...
2023 Latest Caselaw 2350 Cal/2

OD-16
                           IA No. GA 1 of 2023
                          APOT No. 268 of 2023
                                   with
                           EC No. 520 of 2013


                 IN THE HIGH COURT AT CALCUTTA
                         In appeal from its
               ORDINARY ORIGINAL CIVIL JURISDICTION
                  CIVIL APPELLATE JURISDICTION



                      ASHOK KUMAR JAIN
                            Versus
           KOTAK MAHINDRA BANK LIMITED AND ANOTHER



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 29th August, 2023


                                                                     Appearance:
                                                     Mr. D. N. Sharma, Advocate
                                                            Mr. S. Jain, Advocate
                                                     Mr. Farhan Gaffar, Advocate
                                                              ...for the appellant
                                                       Mr. Paritosh Sinha, Adv.
                                               Mr. Rohan Kumar Thakur, Adv.
                                            ...for the respondents/award-holder

The Court: Upon mentioning, this appeal and application are

taken up for hearing, out of turn, in the presence of both the parties.

The affidavit of assets filed by the judgment debtors in terms of

our order dated 16th August, 2023 be transmitted by the department to

the learned executing court forthwith.

By our order dated 16th August, 2023, we had directed the appeal

to be listed on 21st August, 2023, after due compliance with the order of

the learned trial judge with regard to filing of affidavit of assets. The

appeal is in the list pending consideration by us.

Fixing the execution application on 30th August, 2023 "for

examination of the judgment debtors" failing which "fresh warrants of

arrest" would be issued against the judgment debtors, as sought to be

directed by the order dated 23rd August, 2023 of the learned single judge

is, in our opinion, not in order.

This appeal and stay application are disposed of with a request to

the learned single judge to consider the affidavit of assets upon hearing

the parties. Thereafter, if the learned judge deems fit and proper he may

summon the judgment debtors for examination for which a reasonable

time has to be given to them.

With the above observations, this appeal (APOT No. 268 of 2023)

and stay application (IA No. GA/1/2023) are disposed of.

The judgment debtors need not appear in court for examination

on 30th August, 2023, but shall appear on a later date, if so directed.

All points not decided by us are kept open.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

cs.