Ashok Kumar Jain v. Kotak Mahindra Bank Limited And ANR.

OD-16 IA No. GA 1 of 2023 APOT No. 268 of 2023 with EC No. 520 of 2013

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION ASHOK KUMAR JAIN

Versus

KOTAK MAHINDRA BANK LIMITED AND ANOTHER Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 29th August, 2023 Appearance:

Mr. D. N. Sharma, Advocate Mr. S. Jain, Advocate Mr. Farhan Gaffar, Advocate ...for the appellant Mr. Paritosh Sinha, Adv.

Mr. Rohan Kumar Thakur, Adv.

...for the respondents/award-holder The Court: Upon mentioning, this appeal and application are taken up for hearing, out of turn, in the presence of both the parties. The affidavit of assets filed by the judgment debtors in terms of our order dated 16th August, 2023 be transmitted by the department to the learned executing court forthwith.

By our order dated 16th August, 2023, we had directed the appeal to be listed on 21st August, 2023, after due compliance with the order of the learned trial judge with regard to filing of affidavit of assets. The appeal is in the list pending consideration by us. Fixing the execution application on 30th August, 2023 "for examination of the judgment debtors" failing which "fresh warrants of

arrest" would be issued against the judgment debtors, as sought to be directed by the order dated 23rd August, 2023 of the learned single judge is, in our opinion, not in order.

This appeal and stay application are disposed of with a request to the learned single judge to consider the affidavit of assets upon hearing the parties. Thereafter, if the learned judge deems fit and proper he may summon the judgment debtors for examination for which a reasonable time has to be given to them.

With the above observations, this appeal (APOT No. 268 of 2023) and stay application (IA No. GA/1/2023) are disposed of. The judgment debtors need not appear in court for examination on 30th August, 2023, but shall appear on a later date, if so directed. All points not decided by us are kept open.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) cs.