Calcutta High Court
Kotak Mahindra Bank Limited vs Mr. Asit Debnath And Anr on 11 October, 2023
OD-29
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
EC/440/2011
KOTAK MAHINDRA BANK LIMITED
VS
MR. ASIT DEBNATH AND ANR.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 11th October, 2023.
Appearance:
Mr. Himanshu Bhawsingh, Adv.
Mr. Rohan Kumar Thakur, Adv.
...for award holder.
Mr. Ramesh Chandra Paul, Adv.
...for judgment debtor no. 1
Mr. Aritra Shankar Ray, Adv.
...for respondent no. 2
The Court : This is an application for execution of a decree dated 9th
October, 2009 aggregating to an amount of Rs.18,04,047/- approximately.
With the passage of time, the interest component on the principal amount has
substantially increased.
The execution application has been pending since 2011. The decree has
become final binding and enforceable and there is no embargo in proceeding
with this application.
Diverse orders have been passed from time to time. A Receiver had also
been appointed in respect of the subject vehicle. However, the Receiver has
been unable to take actual physical possession of the subject vehicle. The
judgment debtor no. 1 is principal borrower. The judgment debtor no. 2 is the
guarantor. In view of the fact that both the judgment debtors are examined in
part both the judgment debtors are directed to be present on 28 November,
2023 for further examination.
It appears that the subject vehicle has been seized in a proceeding under
Section 59A (3) of the Indian Forest, West Bengal Amendment Act, 1927. By an
order dated 31 August, 2023, a copy of the order is served on the award holder
who was directed to take necessary steps in accordance with law.
In the meantime, there shall be an order of injunction restraining the
judgment debtor no. 2 operating any of the bank account particulars whereof
appear in paragraph 8 of the Affidavit of Assets and for the sake of convenience
are set out herein below ;
a) Bank A/c No. 547010100047311 with Axis Bank,
Madhyamgram Branch and there is a balance of Rs.
47514.76 as on 14-09-2023.
b) Bank A/c No. 201006135318 with Indusind Bank,
Barasat Brach Balance as on 13-09-2023 is Rs.
13,141.00.
The judgment debtor no. 2 is directed to produce full particulars of the
immovable property mentioned in the Affidavit of Assets particulars whereof at
paragraph 8(e) of the Tabular Statement.
The above exercise is to be completed within 17 November, 2023. For the
sake of convenience, the award holder is permitted to issue a letter to the
Advocate appearing for the judgment debtor seeking all necessary information
and full particulars in terms of the Affidavit of Assets.
The judgment debtors are also directed to produce the finance
arrangement entered into by and between the judgment debtor no. 2 and
Aditya Birla Housing Pvt. Ltd. The judgment debtors are also directed to
produce full particulars and furnish the source of the monthly income being
received by the judgment debtor no. 2.
Insofar as the judgment debtor no. 1 is concerned, there shall be an
order of injunction restraining the judgment debtor no. 1 from operating any of
the bank account particulars whereof are mentioned in paragraph 10(i) & (ii) of
the Affidavit of Assets.
The judgment debtor no. 1 is also directed to produce full particulars of
the agricultural land details whereof appear from paragraph 10 (e) of the
Affidavit of Assets.
The judgment debtors are directed to be present on the returnable date.
(RAVI KRISHAN KAPUR, J.)
SK.
