Kotak Mahindra Bank Ltd vs Mr. Rajan Kumar Singh And Anr
2024 Latest Caselaw 2964 Cal/2

Calcutta High Court

Kotak Mahindra Bank Ltd vs Mr. Rajan Kumar Singh And Anr on 19 September, 2024

Author: Sabyasachi Bhattacharyya

Bench: Sabyasachi Bhattacharyya

OCD-19
                                ORDER SHEET

                                 EC/290/2023

                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE
                        COMMERCIAL DIVISION


                      KOTAK MAHINDRA BANK LTD.
                                 VS
                    MR. RAJAN KUMAR SINGH AND ANR.


  BEFORE:
  The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA

Date: 19th September, 2024.

Appearance:

Ms. Shrayashee Das, Adv.

Mr. Himanshu Bhawsinghka, Adv.

Mr. Rohan Kumar Thakur, Adv.

..for the award-holder

Sk. Mustafi Rahman, Adv.

Mr. Anushika Bharati, Adv.

Mr. Rashed Rashid, Adv.

Ms. Saswati Manna, Adv.

...for the judgment-debtors

The Court: Affidavits of assets of the award-debtors filed today be kept on

record.

Learned counsel for the award-debtors submits that a settlement has

already been arrived at between the parties, but not disclosed by the award-

holder before the Court.

Learned counsel for the award-holder, on instruction, denies such

submission. It is submitted further by learned counsel for the award-holder

that although there was a settlement arrived at between the parties, the same

failed due to non-compliance of the terms thereof by the award-debtor.

Be that as it may, since the award-debtor has taken a stand that there is

an existing settlement between the parties, the said fact along with relevant

documents shall be brought on record by way of an affidavit by the award-

debtors.

The said affidavit shall be filed by the next returnable date with an

advance copy to the learned advocate appearing for the award-holder.

For the present, however, the evidence of award-debtor no.1 is

commenced.

The witness is examined in part.

For further examination, the matter shall be listed on November 14,

2024.

In the meantime, the documents relied on in today's deposition shall be

furnished by the witness to the learned advocate for the award-holder. Such

documents shall be furnished within a fortnight from date.

The witness shall be personally present in Court on the next returnable

date for being further examined.

(SABYASACHI BHATTACHARYYA, J.)

bp/R Bhar