Kotak Mahindra Bank Ltd vs Jaymony Debnath And Ors
2024 Latest Caselaw 3018 Cal/2

Calcutta High Court

Kotak Mahindra Bank Ltd vs Jaymony Debnath And Ors on 26 September, 2024

Author: Sabyasachi Bhattacharyya

Bench: Sabyasachi Bhattacharyya

OCD-7

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

                                    EC/8/2022

                          KOTAK MAHINDRA BANK LTD.
                                     VS
                          JAYMONY DEBNATH AND ORS.

BEFORE:
The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA

Date : 26th September, 2024 Appearance:

Ms. Shrayashee Das, Adv.

Mr. Himangshu Bhowsinghka, Adv.

Mr. Rahan Kumar Thakuar, Adv.

...for the award-holder

Mr. Om Prakash Singh, Adv.

...for the judgment-debtors

The Court:- The award-debtor no. 3 is examined in part. For further

examination, the matter shall be listed on November 7, 2024, when the award-

debtor no. 3 shall be personally present in Court for being cross-examined.

Learned counsel for the award-holder seeks a direction on the award-debtor no.3

to produce the title deeds pertaining to his assets. Accordingly, the award-debtor

no. 3 shall serve advance copies of the said title deeds through his learned

advocate to the learned advocate for the award-holder on or before October 4,

2024.

Learned counsel the for award-holder seeks an injunction restraining the

award-debtor no. 3 from operating his bank account, the statements relating to

which has been produced in Court today and handed over to the learned

advocate for the award-holder.

However, it transpires that the current balance in the account is

somewhere around Rs.9 lakh whereas the claim of the award-holder is in the

range of Rs.42 lakh.

Since in any event the amount lying in the bank account is grossly

insufficient to meet the awarded amount and more importantly, keeping in view

the fact that in the event an injunction restraining the award-debtor no. 3 from

operating his bank account is passed, the said award-debtor may be without any

means to sustain himself and his family, such prayer is refused at this stage.

(SABYASACHI BHATTACHARYYA, J.)

S.Bag