Kotak Mahindra Bank Ltd vs Saha Alam Sekh And Anr
2023 Latest Caselaw 5 Cal/2

ODC 12
                             ORDER SHEET
                              EC/294/2022
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                         COMMERCIAL DIVISION


                        KOTAK MAHINDRA BANK LTD.
                                 VERSUS
                         SAHA ALAM SEKH AND ANR.


 BEFORE:
 The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 2nd January, 2023.

Appearance:

Ms. Shrayshee Das, Adv.

Mr. Jishnujit Roy, Adv.

. . .for the decree holder.

The Court: This is an application for execution of an award dated 28th

August, 2018. The award is for a sum of Rs.64,15,066/-. It is submitted on

behalf of the decree-holder that the award has become final, binding and

enforceable and remained unsatisfied till date. By an order dated 5th

September, 2022, the Department was directed to issue a notice under Order

21 Rule 22(1) of the Code of Civil Procedure. It appears from the report filed

by the Department that service has been effected on all the judgment-debtors.

In view of the aforesaid, let there be an order in terms of prayer (a) of

the Tabular Statement.

The judgment debtors are directed to file their Affidavit of Assets within

a period of eight weeks from date.

It is made clear that in default of filing of such Affidavit of Assets,

appropriate orders for issuance of warrant of arrest would be issued against

the judgment-debtors.

None appears on behalf of the judgment-debtors nor is any

accommodation sought for on their behalf.

The decree-holder is directed to effect service on the judgment debtors

and file affidavit of service on the returnable date.

Let this matter appear eight weeks hence.

(SHEKHAR B. SARAF, J.)

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