Kotak Mahindra Bank Limited v. Majharul Islam And ORS

OD-13

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE EC/455/2018 KOTAK MAHINDRA BANK LIMITED VS MAJHARUL ISLAM AND ORS

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 6th October, 2023.

Appearance:

Mr. Sariful Haque, Adv.

Mr. S. Bhattacharyya, Adv.

...for petitioner.

Mr. Subrata Mukherjee, Adv.

Mr. S. Hazra, Adv.

...for judgment debtor.

The Court : By an earlier order of Court, the warrants of arrest were directed to be executed for production of the judgment debtor. The Report filed by the Deputy Sheriff dated 11 May, 2023 is taken on record.

It appears that despite a considerable period of time, the award holder has still not lodged the warrant of arrest with the Deputy Sheriff. There has been considerable delay on the part of the award holder in lodging the warrant of arrest. It appears from the Report that they have obtained repeated orders from Court. The award holder has taken no steps to lodge the warrant of arrest far less prompt and diligent steps.

In such circumstances, EC/455/2018 stands dismissed. Liberty is granted to the award holder to file an application afresh in accordance with law if so advised.

(RAVI KRISHAN KAPUR, J.) SK.