Kotak Mahindra Bank Limited vs Om Shivam Maternity And Nursing ...
2023 Latest Caselaw 3271 Cal/2

Calcutta High Court

Kotak Mahindra Bank Limited vs Om Shivam Maternity And Nursing ... on 1 December, 2023

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OD-20
                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE


                       EC/206/2019
               KOTAK MAHINDRA BANK LIMITED
                            VS
 OM SHIVAM MATERNITY AND NURSING HOSPITAL PVT. LTD. AND ORS.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 1st December, 2023.

Appearance:

Ms. S. Das, Adv.

...for the award-holder.

Mr. Farhan Ghaffar, Adv.

...for the award-debtors.

The Court: Prima facie there has been deliberate violation of the order

dated 23rd November, 2023.

By the said order, the award debtor no.2 was directed to be positively

present on the returnable date.

This is an execution of a decree dated 24th January, 2019. The award

debtor No.2 has failed to appear for examination.

One Narendra Kumar is present in Court and there is nothing to

demonstrate that he has been duly authorized by the judgment debtor No.2.

Significantly, the judgment debtor no.1 is one Om Shivam Maternity

Nursing Hospital.

In view of the deliberate violation of the order dated 23rd November,

2023, let there be warrant of arrest issued against the judgment debtor

No.2. The Officer-in-Charge of the concerned Police Station having

jurisdiction where the judgment debtor resides as well as the concerned

Superintendent of Police is directed to ensure compliance with the order and

produce the judgment debtor No.2 on the returnable date.

Affidavit of Assets has been filed on behalf of the judgment debtor

No.1. It appears from the said affidavit that the only bank account of the

judgment debtor No.1 is an account with the Sutex Co. operative Bank Ltd-

Sachin GIDC bearing account No.2480101062433. There shall be an order

of injunction restraining the judgment debtor from operating the said bank

account without keeping aside the entire decreetal dues which aggregate to

a sum of Rs.26,96,696/-.

Let a notice be also served on the Reserve Bank of India who are

requested to be present on the returnable date to give full details of the

running and management of the Sutex Co. operative Bank situated at

SAchin GIDC.

The Receiver Sourath Nath Dutt, a member of the Junior Bar Library

is directed to go and inspect the hospital being run by the judgment debtor

No.1 particulars whereof has been set out in Paragraph-7A of the Affidavit of

Assets and make an inventory thereof. The Receiver is directed to take

symbolic possession of the said hospital and filed a Report on the returnable

date.

Liberty is granted to the Receiver to take police assistance if

necessary.

Let this matter appear on 19th December, 2023.

The personal appearance of Narendra Kumar is dispensed with for the

time being. He is also directed to be present on the returnable date with due

authorization on behalf of the company.

(RAVI KRISHAN KAPUR, J.)

S.De