Kotak Mahindra Bank Ltd vs Priyanka Pathak & Ors
2023 Latest Caselaw 2499 Cal/2

O-48
                       IN THE HIGH COURT AT CALCUTTA
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                                 ORIGINAL SIDE

                                   EC/535/2018

                          KOTAK MAHINDRA BANK LTD.
                                     VS
                           PRIYANKA PATHAK & ORS.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 4th September, 2023.

The Court : It is submitted on behalf of the award holder that pursuant to an

earlier order of Court, substituted service has been effected by way of publication

in two newspapers.

None appears on behalf of the judgment debtor nor is any adjournment

prayed for on their behalf even in the second call.

This is an application for execution of a decree dated 20 December, 2013 for

an aggregate amount of Rs.87,19,650/-(inclusive of interest). The decree has

become final binding and enforceable and there is no embargo in proceeding with

this application.

There is also no application under Section 36(2) of the Arbitration and

Conciliation Act, 1996.

In such circumstances, let there shall be an order in terms of prayer (h) of

the Tabular Statement. The judgment debtors are directed to file their Affidavit of

Assets within a period of four weeks from date. Let this matter appear in the

Monthly List of October, 2023. In default of filing their Affidavit of Assets,

appropriate order for warrant of arrest would be issued against the judgment

debtors. The award holder is directed to communicate this order to the judgment

debtors by registered post or by substituted service if necessary.

(RAVI KRISHAN KAPUR, J.)

SK.