Kotak Mahindra Bank Ltd vs Satyajit Kalia & Anr
2023 Latest Caselaw 3101 Cal/2

O-262
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                ORIGINAL SIDE


                                  EC/274/2015


                          KOTAK MAHINDRA BANK LTD.
                                     VS
                            SATYAJIT KALIA & ANR.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 16th November, 2023.

Appearance:

Ms. Shrayashee Das, Adv.

Mr. Himanshu Bhawsingka, Adv.

Mr. R.K. Thakur, Adv.

The Court : This is an application for execution of an award dated 25 August,

2014. Diverse orders have been passed from time to time for production of the

judgment debtor no. 1.

In view of the serious allegations made against the Officer in Charge of the

concerned Police Station in executing the warrant of arrest, the Superintendent of

Police and the Officer in Charge of the concerned Police Station having jurisdiction

where the judgment debtor no.1 resides are directed to file a Report as to why the

judgment debtor no.1 has not been produced notwithstanding the repeated orders

of Court.

Significantly, the Report filed by the Deputy Sheriff suggests incompetence

and collusion by the concerned officials. As a last chance, the Officer in Charge of

the Badambadi Police Station is directed to ensure production of the judgment

debtor no. 1 on or before the returnable date. A representative of the award holder

is also directed to personally visit and communicate this order to the concerned

Police Officials who are directed to comply with the earlier orders of this Court and

implement the same.

The time to execute the warrant of arrest stands extended till 31 December,

2023. Let this matter appear in the Monthly List of January, 2024.

Liberty is granted to the concerned representative of the award holder to file a

Report on or before the returnable date.

Let a copy of this order be served on the Government Pleader.

(RAVI KRISHAN KAPUR, J.)

SK.