Kalpataru Agroforest Enterprises ... vs State Bank Of India And Anr
2025 Latest Caselaw 3409 Cal/2

Calcutta High Court

Kalpataru Agroforest Enterprises ... vs State Bank Of India And Anr on 11 December, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-6 & 7

                        In the High Court at Calcutta
                            Commercial Division
                               Original Side
                          IA NO. GA-COM/2/2025
                           In EC-COM/405/2024
      KALPATARU AGROFOREST ENTERPRISES PRIVATE LIMITED
                             VS
                 STATE BANK OF INDIA AND ANR
                                     AND
                          IA NO. GA-COM/3/2025
                           In EC-COM/405/2024
      KALPATARU AGROFOREST ENTERPRISES PRIVATE LIMITED
                             VS
                 STATE BANK OF INDIA AND ANR
  BEFORE:
  The Hon'ble JUSTICE ANIRUDDHA ROY
  Date : December 11, 2025.
                                                                   Appearance:
                                                Mr. Shuvasish Sengupta, Adv.
                                                   Mr. Sarosij Dasgupta, Adv.
                                                        Mr. Balarko Sen, Adv.
                                                       Mrs. Subhra Das, Adv.
                                               ...for the plaintiff/decree holder
                                                      Ms. Manali Ali, Adv. (VC)
                                                  Mr. Soumalya Ganguli, Adv.
                                               ...for the judgment debtor No. 2
          The Court : Affidavit of service filed in Court today is taken on
record.
          The last order dated November 10, 2025 speaks for itself.
                                          2
          The tabular statement shows the decree is for a sum of
Rs.1,15,54,232/- , still remains unsatisfied. The defendants/judgment-
debtor No. 2 is liable to pay the said sum under the decree.
          By an order dated September 9, 2025 the judgment-debtor No. 2,
inter alia, was directed to file affidavit of assets within three weeks. Few
three weeks have passed but till date the affidavit has not been filed. Even
today Ms. Manali Ali, learned Advocate (VC) appearing for the judgment-
debtor No. 2 prays for extension of time to file affidavit.
          The record shows the decree is dated April 10, 2024 and till today
no step has been taken by the judgment-debtor No. 2, neither any bona
fide has been shown on its part to pay off the decretal dues or part of it.
          In view of the above, the judgment-debtor No. 2 is directed to
secure the said decretal amount mentioned in the tabular statement, as
referred to above, with the learned Registrar, Original Side of this Court,
positively within four weeks from date.
          In the event, the security is furnished, the Registrar, Original Side
shall invest it in the highest interest bearing fixed deposit account with a
nationalized bank of his choice immediately and shall file a report before
this Court on the next day disclosing the copy of the fixed deposit receipt.
          In the event of default, the Court may proceed to take further
coercive steps in accordance with law against the concerned judgment-
debtor.
          Time to file affidavit of assets stands extended till January 12,
2026.
                                EC-COM/405/2024
                                      A.R., J.
       Mr. Shuvasish Sengupta, learned Counsel (V/C) appearing for the
plaintiff/decree-holder submits that the decretal claim as against the
judgment debtor No. 1/SBI stands satisfied and the plaintiff/decree-
holder has no claim against the judgment debtor No. 1 any further in
terms of the decree.

       The matter shall appear under the heading "New Chamber
Application" on January 13, 2026.
                                                (ANIRUDDHA ROY, J.)
RS
                           EC-COM/405/2024
                                A.R., J.