Kotak Mahindra Bank Limited vs Vakil Jamil Sheikh And Anr
2024 Latest Caselaw 384 Cal/2

Calcutta High Court

Kotak Mahindra Bank Limited vs Vakil Jamil Sheikh And Anr on 2 February, 2024

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OCD-3
                                ORDER SHEET

                                EC 226 of 2021

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                             (Commercial Division)

                       KOTAK MAHINDRA BANK LIMITED
                                     VS
                        VAKIL JAMIL SHEIKH AND ANR.


  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date : 2nd February, 2024.

Appearance:

Mr. Rohan Kumar Thakur, Adv.

For the Awardholder.

Mr. Ramjan Kali, Adv.

Mr. Mitul Chakraborty, Adv.

Ms. Mili Saha, Adv.

Ms. Payel Nath, Adv.

For the judgment debtors.

The Court: The judgment debtor no.1 against whom warrant of arrest

was issued had appeared and surrendered on 25th January, 2024 by giving an

undertaking. The judgment debtor no.1 was directed to be personally present

in Court since the matter was returnable on 2nd February, 2024 i.e. today as

per the original direction.

The judgment debtor no.1 is personally present. The judgment debtor

no.2 has not appeared, although there is a warrant of arrest also against him.

It is submitted by the learned advocate appearing on behalf of the

judgment debtor no.2 that the said judgment debtor no.2 has suffered a

cardiac arrest and as such he is not in a position to appear before the Court.

The medical certificate produced on behalf of the judgment debtor no.2

appears to have been issued by an authorized medical officer of a hospital at

Nagpur. The said certificate, however, has apparent discrepancies. The first

part of the certificate under Form No. 4 (Rule 41) states that the judgment

debtor no.2 is required to be on bed rest for thirty days from 29th January,

2024. The second part of the document which is Form No. 5 (Rule 47) states

that the judgment debtor no.2 is now fit to resume duties in Govt. Service. This

part of the document appears to have been signed on 28th February, 2024. A

photocopy of the document is kept with the record.

Since this is not a regular Bench, let this matter be adjourned and shall

appear before the regular Bench on 23rd February, 2024 subject to its

convenience when the judgment debtor nos. 1 and 2 shall be present and/or

produced in view of the warrant of arrest. No further notice is required to be

given to the judgment debtors as the order has been passed in the presence of

their advocate as also in the presence of the judgment debtor no.1.

(ARINDAM MUKHERJEE, J.)

snn.