Kotak Mahindra Bank Limited vs Baahubali Ferro Tech And
2023 Latest Caselaw 2897 Cal/2

OD-24

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

                                 EC/520/2013
                         IA NO: GA/3/2023, GA/4/2023

                       KOTAK MAHINDRA BANK LIMITED
                                   VS
                        BAAHUBALI FERRO TECH AND
                         POWER PVT. LTD. AND ANR


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 10th October, 2023.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. S. Haque, Adv.

Ms. S. Das, Adv.

Mr. H. Bhowsinghra, Adv.

Mr. R. K. Thakur, Adv.

Mr. Utpal Bose, Sr. Adv.

The Court: During the course of hearing of this application a reference

is made to the principal Loan Agreement dated 28th August, 2011 having

Loan Agreement Number 7000128289 entered into between the parties.

Both the parties are directed to produce a copy of this agreement on

the returnable date.

It is submitted on behalf of the award-holder that in view of the fraud

committed, inter alia, by the award-debtors, a criminal complaint being case

no. GA/3461/2012 (State Vs. Ashok Kr. Jain & Ors.) had been filed before

the 9th Metropolitan Magistrate at Calcutta wherein the aforesaid document

is lying.

Liberty is granted to both the parties to obtain a certified copy of the

aforesaid agreement and produce a copy thereof on the returnable date

before this Court.

Let this matter appear for further hearing on 17th October, 2023.

The parties are also directed to file their respective Notes of

Arguments.

The judgment-debtor is directed to be present on the returnable date.

(RAVI KRISHAN KAPUR, J.)

S.Bag