Kotak Mahindra Bank Ltd vs Arif Hossain Mallik & Anr
2023 Latest Caselaw 2907 Cal/2

OD - 30

                              ORDER SHEET
                    IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Jurisdiction
                             ORIGINAL SIDE

                             EC/481/2014
                 IA NO: GA/2/2020(Old No:GA/638/2020)

                      KOTAK MAHINDRA BANK LTD.
                                 VS
                      ARIF HOSSAIN MALLIK & ANR


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 11th October, 2023.

Appearance:

Ms. Shrayashee Das, Adv.

Mr. R. K. Thakur, Adv.

... for award holder.

Mr. Pratip Mukherjee, Adv.

... for judgment debtor no.1.

The Court : Notwithstanding repeated orders the judgment debtor

no.2 has still not been produced.

By an order dated 10 August, 2023 the warrant of arrest had been

issued against the judgment debtor no.2.

It appears from the records that despite repeated Reports filed by the

Deputy Sheriff and though the warrant of arrest had been dispatched

insofar as the judgment debtor no.2 is concerned and was received by the

Officer-in-Charge Jamuria Police Station, Jamuria, Asansol and by the

Commissioner of Police, Asansol- Durgapur Police Commissionerate the

judgment debtor no.2 has not been produced till date.

The inefficiency of the concerned police officials in complying with the

orders of Court is unacceptable.

The award holder is directed to serve a copy of this order on the

Government Pleader who is requested to ensure representation on the

returnable date and also ascertain from the concerned officers as to why

there has been non compliance with the orders of Court.

Let this matter appear on 18 October, 2023 for examination.

The judgment debtor no.1 is examined in part.

During the course of examination, it prima facie appears that the

hypothecated asset has been transferred to a third party namely one

Rahman Bhai, a resident of Malda. The award holder seeks liberty to file a

criminal complaint against the award debtor and all concerned.

If such complaint if filed the appropriate authorities are directed to act

expeditiously in accordance with law.

Liberty as prayed for is granted to the award holder to file a

Supplementary Affidavit annexing the copy of the criminal complaint by the

returnable date.

(RAVI KRISHAN KAPUR, J.)

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