Kotak Mahindra Bank Ltd vs Saroj Behera And Ors
2023 Latest Caselaw 1266 Cal/2

OCD-16
                                ORDER SHEET

                                 EC/16/2023

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)

                        KOTAK MAHINDRA BANK LTD.
                                   VS
                         SAROJ BEHERA AND ORS.

  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 6th June, 2023

Appearance:

Ms. Shrayashee Das, Adv.

Ms. Ranjana Ghosh, Adv.

..for the petitioner

The Court: The advocate-on-record of the petitioner/award-holder

submits that despite an order for substituted service which was carried out in

terms of advertisements in two newspapers allegedly having circulation in

Kalahandi, Odisha, the award-debtors have not responded to the said

publications. The order for substituted service was made after the Court

directed the Department to issue a notice to the award-debtors under Order

XXI Rule 22(1) of The Code of Civil Procedure, 1908.

It is also submitted that the decree-holder is not aware of the assets

of judgment debtor.

In view of the above facts, the award-debtors are directed to file their

respective affidavits of assets within a period of 14 weeks from date. The

petitioner will communicate this order on the judgment debtors within 72

hours.

List this matter after 15 weeks.

(MOUSHUMI BHATTACHARYA, J.)

bp.