Calcutta High Court
Kalpataru Agroforest Enterprises ... vs State Bank Of India And Anr on 3 October, 2024
OCD-2
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
[Commercial Division]
EC-COM/405/2024
KALPATARU AGROFOREST ENTERPRISES PRIVATE LIMITED
VS
STATE BANK OF INDIA AND ANR.
BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK
Date : 3rd October, 2024.
Appearance:
Mr. Shuvasish Sengupta, Adv.
Mr. Sarosij Dasgupta, Adv.
Mr. Balarko Sen, Adv.
Mrs. Subhra Das, Adv.
...for the Decree Holder
The Court :- This is an application for execution of decree dated
10th April, 2024.
Mr. Shuvasish Sengupta, learned Advocate for the decree holder
submits that despite passing of the decree the award has not been
complied by defendant no.2. The decree holder as per the decree passed
by this Hon'ble Court is entitled to a sum of Rs.1,15,54,232/-. The award
passed was duly communicated to the judgment debtors including
judgment debtor no.2. He also indicates that the direction passed upon
judgment debtor no.1 State Bank of India has been duly complied and all
the bank guarantees as directed in the order has been cancelled.
He seeks for orders in terms of prayer (b) of the tabular statement.
By judgment dated 10th April, 2024 following order was passed:-
"It is ordered that the plaintiff do get a decree of Rs.28,33,356/- with
interest payable at a rate of 10% per annum from the date of institution of
the suit till payment as refund of money; the plaintiff do get a decree of
Rs.13,99,950/- , further, on account of loss of profit. The Defendants are
injuncted by decree of permanent injunction, hereby, from invoking or giving
any effect to the bank guarantees bearing nos. BG/24/97-98 dated October
25, 1997. The plaintiff do get a decree of cancellation and delivery of the
bank guarantees as mentioned herein and the Defendant No.1 is directed to
cancel and deliver the bank guarantees to the plaintiff."
It is contended that such order of this Court was duly
communicated to the judgment debtor no.2. The letter dated 2 nd August,
2024 at page 37 of the application shows that the order has been duly
communicated to judgment debtor no.2. Despite such communication the
amount as directed by this Court has not been paid.
Accordingly, the judgment debtor/defendant no.2 their officers,
employees, men, agents servants and/or assigns are restrained from
withdrawing money from the bank account being no. 185705004699 at
ICICI Bank, Balaghat Branch, Gondiya Road, Balaghat, Madhya Pradesh,
Pin-481 001 without keeping aside a sum of Rs.1,15,54,232/-(One Crore
Fifteen Lakh Fifty Four Thousand Two Thirty Two only) until further
orders.
Let there be order in terms of prayer (b) of the tabular statement.
Issue notice upon judgment debtor/defendant no.2.
List this matter three weeks on reopening of Court after ensuing
Puja Vacation.
(BIVAS PATTANAYAK, J.)
mg/DB
