Kotak Mahindra Bank Ltd vs Ashok Kumar And Anr
2024 Latest Caselaw 1581 Cal/2

Calcutta High Court

Kotak Mahindra Bank Ltd vs Ashok Kumar And Anr on 1 May, 2024

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

ODC-1
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE
                         [COMMERCIAL DIVISION]


                                 EC/98/2023


                        KOTAK MAHINDRA BANK LTD.
                                   VS
                          ASHOK KUMAR AND ANR.

BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 1st May, 2024.

Appearance:

Ms. Shrayashee Das, Adv.

Mr. Himanshu Bhawsingka Mr. Rohan Kumar Thakur For Award-holder

The Court:- Liberty is granted to the award holder to make necessary

corrections to the Tabular Statement. Such corrections be carried out within the

course of the week.

This is an application for enforcement of an award dated 31 July, 2017.

The award directs the judgment debtors to pay an aggregate amount of

Rs.56,62,073/-.

It is submitted on behalf of the award holder that, the award has become

final, binding and enforceable and there is no embargo in proceeding with this

application.

By an order dated 1 March, 2023, the Department was directed to serve

the judgment debtor. Pursuant to such directions the Department has filed a

Report showing "Insufficient Address".

Thereafter, pursuant to an order dated 7 June, 2023, the award holder

was directed to effect fresh service on the new address of the judgment debtors

which is situated at Uttar Pradesh. An affidavit filed on behalf of the award

holder demonstrates that service has been effected.

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

prayed for on their behalf.

In view of the fact that, no portion of the awarded amount has been

satisfied till date, there shall be an order in terms of prayer (a) of the Tabular

Statement.

The award holder is directed to forthwith serve the judgment debtor and

file an Affidavit of Service on the returnable date.

It is made clear that in default of filing of Affidavit of Assets appropriate

orders for warrant of arrest would be passed against the judgment debtor.

Let this matter appear in the Monthly List of July, 2024.

(RAVI KRISHAN KAPUR, J.) SK.