Citation : 2023 Latest Caselaw 403 Cal/2
Judgement Date : 10 February, 2023
UL-2
EC /439/ 2015
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
KOTAK MAHINDRA BANK LIMITED
Versus
SANTOSH KUMAR DUBEY & ANR.
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date: 10th February, 2023.
Appearance:
Mr. Subhajit Chowdhury, Adv.
..for judgment debtor no.1
The Court: On being mentioned by the learned counsel for the parties,
matter is treated as on Day's List subject to the consideration of the urgency as
well as non-availability of the regular Bench.
The police authorities have produced the judgment debtor no.1 namely,
Santosh Kumar Dubey pursuant to the execution of the Warrant of Arrest
issued by a Co-ordinate Bench of this Court.
This execution case is long pending since 2016 and despite repeated
directions issued by this Court, Warrant of Arrest issued against him failed to
be executed.
Accordingly, the judgment debtor no.1 is not released by this Bench,
rather he is directed to be produced before the regular Bench on 13th February,
2023 at about 10.30am for further consideration by His Lordship.
In this context, Deputy Sheriff is directed to take appropriate steps for
sending him to the Presidency Correctional Home. The award holder is directed
to deposit the subsistence allowance before the Office of the Sheriff of Calcutta,
in course of the day.
The matter is made returnable on 13th February, 2023 before the regular
Bench for further consideration under the heading 'Examination of Judgment
Debtor' at 10.30 am.
(SHAMPA SARKAR, J.)
D.Ghosh/TO
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