Dilip Madhogaria And ANR. v. Kotak Mahindra Bank Limited And ORS.

ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE IA NO: GA/1/2024 APOT/137/2024 WITH EC/545/2019 DILIP MADHOGARIA & ANR.

VS KOTAK MAHINDRA BANK LIMITED & ORS.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 16th April, 2024 Mr. Aritra Basu with Mr. Patita Paban Bishwal, Advs.

for the appellants Mr. Rohit Banerjee with Mr. Himanshu Bhowsinghka, Advs.

for the respondents Order in terms of prayer (a) of the stay petition. We are in a position to dispose of this appeal dispensing with all formalities.

We dispose of this appeal by modifying the impugned judgement and order dated 22nd March, 2024 to the extent that the judgement debtor nos. 2 and 3 shall file their affidavit of assets before the Hon'ble First Court on or before 22nd April, 2024 and be present in court on that day awaiting any direction for their immediate examination or otherwise. The stay application (GA/1/2024) is disposed of. As affidavits were not invited, the allegations contained in the application are deemed not to be admitted.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) K. Banerjee A.R.C.R.