Kotak Mahindra Bank Limited vs Mukesh Kumar And Ors
2023 Latest Caselaw 1114 Cal/2

O-3
                                ORDER SHEET

                                 EC/76/2020

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

                      KOTAK MAHINDRA BANK LIMITED
                                  VS
                        MUKESH KUMAR AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 1st May, 2023

Appearance:

Ms. Shrayashee Das, Adv.

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

June, 2019. The award is for a sum of Rs.43,12,387.00. It is submitted on

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

enforceable and remained unsatisfied till date.

The erstwhile award-holder had assigned the agreement to the present

petitioner through a Deed of Assignment and the petitioner had filed an

appropriate application to that effect. The amendment was allowed by this

Hon'ble Court. The amended execution application was served on the

judgment-debtors, the affidavit of service is submitted by the award-holder to

that effect.

There was an order dated 19th February, 2020 pursuant to which the

judgment-debtors were supposed to file their affidavit of assets, which has not

been complied till date.

In view of the aforesaid, let there be direction on the judgment-debtors,

giving them another opportunity to file their individual affidavit of assets.

The judgment-debtors are directed to file their affidavit of assets within a

period of 14 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 an affidavit of service on the returnable date.

Let this matter appear 14 weeks hence.

(SHEKHAR B. SARAF, J.)

R.Bhar