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

O-6 APOT/369/2023 with EC/520/2023 IA No.GA/1/2023

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION Original Side Ashok Kumar Jain

Versus

Kotak Mahindra Bank Limited and Anr.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 9th October, 2023.

Appearance:

Mr. Ahin Chowdhury, Sr. Advocate Mr. D. N. Sharma, Advocate Mr. Shailendra Jain, Advocate Mr. Farhan Ghaffar, Advocate.

...for the appellant.

Mr. Paritosh Sinha, Advocate Ms. Shreyashee Das, Advocate Mr. Himangsu Bhawsingha, Advocate Mr. Rohan Kumar Thakur, Advocate ...for the respondent.

The Court: We are in a position to dispose of the appeal today dispensing with all formalities.

Mr. Ahin Chowdhury, learned senior counsel appearing for the appellant/award-debtor submits that his client has taken out an application (GA/3/2023) alleging that the assignment of the award by the award-holder in favour of the respondent is invalid and that on the basis of this alleged assignment, the respondent could not have maintained the execution application to enforce the award. The fact is that the appellant is the award-debtor. Whosoever is the beneficiary of the award would have expected to obtain the orders

which the learned single judge has passed on 6th September, 2023 followed by the order dated 4th October, 2023. Without in any way interfering with the orders dated 6th September, 2023 and 4th October, 2023, we dispose of this appeal and the connected application by directing that before proceeding further in this execution case, the learned single judge will decide the application being GA/3/2023.

Mr. Chowdhury states before us that he would not take more than thirty minutes to argue the application. (I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) A/s.