Ashok Kumar Jain vs Kotak Mahindra Bank Ltd. & Anr
2024 Latest Caselaw 2938 Cal/2

Calcutta High Court

Ashok Kumar Jain vs Kotak Mahindra Bank Ltd. & Anr on 17 September, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                        IA No: GA 1 of 2024
                        IA No: GA 2 of 2024
                       APOT No. 153 of 2024
                                with
                        EC No. 520 of 2013
                IN THE HIGH COURT AT CALCUTTA
                         In appeal from its
              ORDINARY ORIGINAL CIVIL JURISDICTION
                 CIVIL APPELLATE JURISDICTION



                          Ashok Kumar Jain
                               Versus
                   Kotak Mahindra Bank Ltd. & Anr.



Before:
The Hon'ble Justice I. P. MUKERJI
             And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 17th September 2024

                                                               Appearance:
                                               Mr. D. N. Sharma, Advocate
                                                     Mr. S. Jain, Advocate
                                                          for the appellant
                                          Mr. Swatatup Banerjee, Advocate
                                            Ms. Shrayashee Das, Advocate
                                     Mr. Himanshu Bhawsinghka, Advocate
                                           Mr. Ratan Kr. Thakur, Advocate
                                                      for the respondents

The Court: This is an appeal from a judgment and order of the

learned trial court dismissing inter alia the plea of the award-debtor

that the assignment of the award in favour of the applicant in the

execution proceedings was invalid on the ground that it was deficiently

stamped.

The interim order was initially made on 3rd May 2024 and

thereafter extended from time to time till 14th November 2024 or until

further orders whichever was earlier.

In our opinion, it would prejudice nobody if, at this stage, the

appeal is expedited dispensing with all the formalities and heard out.

We order accordingly.

As the respondents are represented by learned counsel,

issuance and service of the notice of appeal are dispensed with.

Advocate-on-record for the appellant is directed to file an

informal paper book in this court by 30th September 2024, serving a

copy thereof upon advocate-on-record for the respondents at least seven

days before the date of hearing of the appeal.

List this appeal for hearing on 6th November 2024 under the

heading "Short Cause".

The applications (IA No: GA 1 of 2024 and IA No. GA 2 of 2024)

are disposed of.

As affidavits were not invited, the allegations contained in the

stay application are deemed to have been not admitted.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

R. Bose