Citation : 2023 Latest Caselaw 3291 Cal/2
Judgement Date : 4 December, 2023
O-165
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/671/2015
KOTAK MAHINDRA BANK LTD.
VS
PRADEEP SINGH & ORS.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 4th December, 2023.
Appearance:
Mr. Anuj Singh, Adv.
Ms. N. Singh, Adv.
Ms. R. Singh, Adv.
Mr. A. K. Singh, Adv.
The Court : Affidavit of Service filed on behalf of the award-holder be kept
with the records.
It appears from the Affidavit, that service has been effected on the
judgment-debtor nos. 2 and 3.
By an order dated 23rd August, 2023, the judgment-debtors were
directed to file their Affidavit of Assets peremptorily.
This is an application for execution of a decree dated 13th August, 2014
for a sum of Rs.17.5 lakhs approximately. It is submitted on behalf of the
award-holder that no amount of the decretal dues has been satisfied till date.
The matter has been pending since 2016.
In view of the disobedience with the orders of Court and the fact that the
award-debtors have failed and refused to file their Affidavit of Assets, let there
be warrant of arrest insofar as the award-debtors no. 2 and 3 are concerned.
The Officer-in-Charge of the concerned Police Station having jurisdiction
as well as the Superintendent of Police are directed to ensure compliance with
the aforesaid order and produce the judgment-debtor nos. 2 and 3 on or before
the returnable date.
Let this matter appear in the Monthly List of January, 2024.
(RAVI KRISHAN KAPUR, J.)
S.Bag
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