Kotak Mahindra Bank Ltd vs Arif Hossain Mallik & Anr
2023 Latest Caselaw 3047 Cal/2

OD-27
                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil 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 : 18th October, 2023.

Appearance:

Ms. S. Das, Adv.

Mr. Rohan Thakur, Adv.

...for the decree-holder.

Mr. Pratip Mukherjee, Adv.

...for the judgment-debtor no.1.

Ms. Ashmita Chakraborty, Adv.

...for the State.

The Court: Notwithstanding an order dated 11 October, 2023, the

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

A serious allegation is made against the Officer in-Charge of Kanksa Police

Station.

The Government Pleader is represented and submits that they would take

appropriate instructions in respect of the grievance. The Government Pleader

also seeks an opportunity to produce the judgment-debtor no.2.

In so far as the judgment-debtor no.1 is concerned, it is submitted that

the entire decretal dues be settled at Rs.4.5 lakhs. The judgment-debtor no.1

also seeks an opportunity of seven days to make payment of a sum of

Rs.50,000/-.

The decree-holder opposes the deposit of only a sum of Rs.50,000/- and

seeks at least Rs.75,000/-.

Without prejudice to the rights and contentions of the parties, the

judgment-debtor no.1 is directed to pay at least a sum of Rs.50,000/- by 26

October, 2023.

The judgment-debtor no.1 also undertakes to attempt to at least pay an

additional sum of Rs.25,000/-, if possible, by 2 November, 2023.

Let this matter appear for further hearing on 20 November, 2023.

In the meantime, the State is directed to ensure production of the

judgment-debtor no.2 and ascertain the real facts pertaining to the complaint

against the Officer in-Charge of Kanksa Police Station.

(RAVI KRISHAN KAPUR, J.)

s.pal