Calcutta High Court
Kotak Mahindra Bank Limited vs Baahubali Ferro Tech And Power Pvt. Ltd. ... on 6 September, 2023
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
OD-54
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
EC/520/2013
KOTAK MAHINDRA BANK LIMITED
VS
BAAHUBALI FERRO TECH AND POWER PVT. LTD. AND ANR
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 6th September, 2023.
Appearance:
Ms. S. Das, Adv.
Mr. Utpal Bose, Sr. Adv.
Mr. D.N. Sharma, Adv.
Mr. S. Jain, Adv.
Mr. F. Ghaffar, Adv.
The Court : The judgment debtor is being examined in part. Prima facie there are numerous evasive answers which the judgment debtor has given during the course of examination. Significantly, the decretal dues are in excess of Rs.2 crores. There has been no satisfaction of the decretal dues till date.
In such circumstances, there shall be an order of injunction restraining the judgment debtor from operating any of the bank accounts particulars whereof appear at paragraph 10.1 of the Affidavit of Assets without leaving a sum of Rs. 2 crores aside.
The judgment debtor is also restrained from operating an Investment Account with Motilal Oswal being account no. XKF168/3483356/ACWPJO834F.
Liberty is granted to the award holder to seek the relevant financial information including the Tax Returns of the last six years from the concerned Income Tax Department in respect of Permanent Account no. (PAN ACWPJ0834F) belonging to his judgment debtor. The judgment debtor is directed to produce a photocopy of his passport and furnish full particulars thereof to the award holder. 2
Let this matter appear on 25 September, 2023. In the meantime, the judgment debtor no. 2 is directed to furnish all particulars to the decree holder a week prior to the returnable date.
(RAVI KRISHAN KAPUR, J.) SK.