Kotak Mahindra Bank Limited vs Vijay Mining Pvt. Ltd. & Ors

The report filed by the Registrar-in-Charge, Original Side shows that notices have been duly served upon the following persons / entities:-

Chief Accounts Officer, Sri Tirumala Siva Sai Granites;

Chief Accounts Officer, Sri Venkata Nagendra Granites Sy;

Chief Accounts Officer, Vijay Homes & Realtors Pvt. Ltd.;

Chief Accounts Officer, Vijay Mining & Infra Corp. Pvt. Ltd.;

Chief Accounts Officer, VLC-SCKC JV;

Chief Accounts Officer, Abir Infrastructure Pvt. Ltd.;

Chief Accounts Officer, AMR Constructions;

Chief Accounts Officer, Coramandel Infrastructure Pvt. Ltd.;

Chief Accounts Officer, Cosmos Infra Properties (P) Ltd.;

Chief Accounts Officer, Delta Constructions;

Chief Accounts Officer IVRCL, Assets & Holdings Ltd.;

Chief Accounts Officer, K.N.R. Construction Ltd.;

Chief Accounts Officer, KRR Infra Projects P. Ltd.;

Chief Accounts Officer, Navayuga Engineering Corporation;

Chief Accounts Officer, Picasona Rail Engg. & Projects P. Ltd.;

Chief Accounts Officer, Raghava Constructions;

Chief Accounts Officer, Ramky Estates & Farms Ltd.;

Chief Accounts Officer, Raus Infrastructure;

Chief Accounts Officer, Suchir India Infratech Pvt. Ltd.;

Chief Accounts Officer, Veer Energy and Infra;

Chief Accounts Officer, AMR Construction Pvt. Ltd. (SCCl Work);

Chief Accounts Officer, Associated Mining Co.;

Chief Accounts Officer, Shshee Infra Corp Pvt. Ltd.;

Chief Accounts Officer, Vyshnavian and Projects Pvt. Ltd.;

Chief Accounts Officer, R. K. Mining Pvt. Ltd.;

Chief Accounts Officer, Ranavir Projects.

Out of the above, Serial Nos. 7, 8, 10, 17, 21, 22, 23 and 25 are represented. In respect of the rest 14 persons / entities, the service is not satisfactory,

save and except Imperial Infracon Private Limited and Progressive Construction Limited.

Let appropriate notice be served upon the non-appearing persons / entities as also upon Imperial Infracon Private Limited and Progressive

Construction Limited. In the event the garnishees do not appear on the adjourned date pursuant to the notice, appropriate order may be passed

freezing their accounts and/or attaching their properties. The Writ and Execution Department shall send the notices within a week from date. All

costs, charges and expenses for such service shall be deposited with the Department by Friday.

M/s. Sushee Infra & Mining Limited and Associated Mining Company have filed affidavits after service of notice by the department on the said

persons/entities. Pursuant to the notice, the following persons and/or entities have appeared and have prayed for extension of time to file affidavit

pursuant to the notice disclosing the amounts due and payable, if any, by the said garnishees to the judgment-debtors:-

Ramky Estates and Firms Ltd.

M/s. Sushee Infra and Mining Ltd.

DCS Limited

Associated Mining Company

AMR Constructions Pvt. Ltd. and AMR Constructions.

Coramandel Infrastructure (P) Ltd.

The affidavit shall be accompanied by a certificate from a chartered accountant duly verifying the accounts and making a declaration that after

physical verification of the accounts and on inspection of the books of accounts, the said certificate is issued. In the event it is found during the course

of investigation that the account is falsified, action may be taken against the concerned chartered accountant.

Yesterday, Mr. V. Mahesh Kumar, advocate mentioned this matter on behalf of one of the garnishees, namely R. K. Mining Private Limited and had

orally prayed for extension of time to file an affidavit.

All the garnishees are directed to file their respective affidavits within three weeks from date. The affidavit filed by M/s. Sushee Infra & Mining

Limited is not accompanied by any auditor’s certificate. The said garnishee shall file an auditor’s certificate in relation to the transactions

between the parties. Similar direction is given with regard to Associated Mining Company. The auditor should be apprised of this order and in the

report must refer to this order.

The matter shall appear on 9th January 2019.

In the event affidavits are not filed by the garnishees, in the meantime, it is made clear that all the bank accounts of the garnishees shall stand attached

for the unrealized amount.

The appearing parties shall be entitled to obtain the cause title of the application from the Advocate on Record of the award-holder.

One of the principal officers of the judgment-debtors shall file an affidavit of assets on behalf of the judgment-debtors within three weeks from date.

In the event the judgment-debtors fail to file the affidavit in appropriate form within the aforesaid date, warrants of arrest may be issued against the

principal officers of the judgment-debtors.