Kotak Mahindra Bank Ltd vs Prasenjit Biswas
2023 Latest Caselaw 3109 Cal/2

O-238


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


                               EC/327/2010
                         KOTAK MAHINDRA BANK LTD.
                                    VS
                             PRASENJIT BISWAS

    BEFORE:
    The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 16th November, 2023.

Appearance:

Ms. S. Das, Adv.

Mr. Rohan Kumar Thakur, Adv.

...for the decree-holder.

The Court: This is an application for execution of a decree dated 10

December, 2008 for an amount of Rs.15,81,303.92. The matter has been

pending for more than a decade. The decree-holder has extensively examined

the judgment-debtor no.1. It is an indisputable fact that the decree-holder has

been unable to ascertain any source of income which the judgment-debtor no.1

has. With the passage of time and in view of the subsequent events, all the

prayers sought for in the Tabular Statement have for all practical purposes

become infructuous.

In such circumstances, EC/327/2010 is disposed of by granting liberty to

the decree-holder to file a fresh execution application in accordance with law if

the circumstances so warrant.

(RAVI KRISHAN KAPUR, J.)

s.pal