Kotak Mahindra Bank Limited vs Great Wall Corporate Services Pvt. Ltd. ...
2025 Latest Caselaw 1783 Cal/2

Calcutta High Court

Kotak Mahindra Bank Limited vs Great Wall Corporate Services Pvt. Ltd. ... on 16 June, 2025

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIP-149
                      IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE
                       Ordinary Original Civil Jurisdiction

                                  EC/310/2019

                   KOTAK MAHINDRA BANK LIMITED
                                VS
          GREAT WALL CORPORATE SERVICES PVT. LTD. AND ORS.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 16th June, 2025.

Appearance:

Ms. S. Das, Adv.

Mr. Rohan Kumar Thakur, Adv.

...for award holder.

The Court: None appears on behalf of the judgment debtor nor is any

adjournment prayed for on their behalf even in the fourth call.

This is an application for enforcement of an award dated 22 November,

2018 directing the judgment debtor to pay an aggregate sum of Rs.33,52,656.

By an order dated 7 May, 2025, this Court had granted liberty to the award

holder to take inspection after complying with all necessary formalities.

It is submitted on behalf of the award holder that though the judgment

debtors have filed an Affidavit of Assets in this proceeding, no copy of the same

has yet been served on them. Significantly, the matter had travelled on two

prior occasions to the Hon'ble Supreme Court where the judgment debtors

were granted extension of time to file the Affidavit of Assets.

As a last chance, let this matter appear on 2 July, 2025 "For

Examination of Judgment Debtors". The absence of the judgment debtor

appears to be deliberate and intentional. The award holder is directed to

communicate this order to the judgment debtors and their Advocates. The

judgment debtors are directed to be represented on the returnable date for the

purposes of examination.

It is made clear that in the absence of the judgment debtors appropriate

orders for warrant of arrest would be passed on the returnable date.

(RAVI KRISHAN KAPUR, J.)

SK.