Kotak Mahindra Bank Ltd vs Arif Hossain Mallik & Anr
2023 Latest Caselaw 1677 Cal/2

OD-53

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


                                  EC/481/2014
                     IA NO: GA/1/2017(Old No:GA/2247/2017),
                         GA/2/2020(Old No:GA/638/2020)

                            KOTAK MAHINDRA BANK LTD.
                                       VS
                            ARIF HOSSAIN MALLIK & ANR

BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 25th July, 2023

Appearance:

Ms. S.Das, Adv.

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

adjournment prayed for on their behalf even in the second call.

This matter had been appearing in the Warning List and the parties are

deemed to have had notice that this application would be taken up for hearing

today.

The award holder is represented and submits that despite earlier

directions of Court, there has been a breach of an undertaking given to Court by

the judgment debtors.

As a last chance, let this matter appear under the heading 'Examination of

Judgment debtors' on 10th August, 2023.

The award holder is directed to serve a notice on the judgment debtors as

well as the Advocates appearing on their behalf informing them of this order and

file an Affidavit of Service on the returnable date.

The time to file the Affidavit of Assets is extended till the returnable date.

It is made clear that in default of appearance, appropriate orders for

Warrant of Arrest would be passed against the judgment debtors.

GA/1/2017 stands disposed of as infructuous.

The Department is directed to produce the records of this case on the

returnable date.

(RAVI KRISHAN KAPUR, J.)

D.Ghosh