Kalpataru Agroforest Enterprises Pvt. ... vs State Bank Of India & Anr
2025 Latest Caselaw 946 Cal/2

Calcutta High Court

Kalpataru Agroforest Enterprises Pvt. ... vs State Bank Of India & Anr on 24 January, 2025

OCD-1

IA No: GA-Com/1/2024 EC-Com/405/2024 IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE

Kalpataru Agroforest Enterprises Pvt. Ltd.

Versus State Bank of India & Anr.

Before:

The Hon'ble Justice PARTHA SARATHI SEN Date: 24th January 2025

Appearance:

Mr. Shuvasish Sengupta, Advocate Mr. Sarosij Dasgupta, Advocate Mr. Balarko Sen, Advocate Ms. Subhra Das, Advocate for the decree-holder Mr. Debashis Saha, Advocate Mr. A. R. Sanyal, Advocate Ms. Sucheta Pal, Advocate for SBI

The Court: The decree-holder and the judgment-debtor no.1

i.e. State Bank of India are represented. None appears for the

judgment-debtor no.2 i. e. State of Madhya Pradesh.

By filing IA No: GA-Com/1/2024 the decree-holder has prayed

for issuance of an appropriate order directing ICICI Bank, Balaghat

Branch to disburse an amount of Rs.1,15,54,232/- in favour of the

decree-holder in compliance with the judgment and decree dated April

10, 2024 as passed by a co-ordinate bench of this Court in

CS/21/2024 (Kalpataru Agroforest Enterprises Private Limited vs.

State Bank of India & Ors.).

At the time of the hearing, learned Counsel appearing on

behalf of the decree-holder draws the attention of this Court to the

order dated October 3, 2024 as passed by a coordinate Bench whereby

and whereunder the judgment-debtor no.2 was restrained from

withdrawing money from the bank account being no.185705004699

with the ICICI Bank, Balaghat Branch, Gondiya Road, Balaghat,

Madhya Pradesh - 481001 without keeping aside a sum of

Rs.1,15,54,232/-. In the course of the hearing, learned Counsel

appearing for the decree-holder further draws attention of this Court

to Annexure - D of the interlocutory application being a printout of the

mail dated November 26, 2024 as received from the garnishee bank i.e.

ICICI Bank wherefrom it reveals that it has been confirmed by the

ICICI Bank that they have marked 'lien' over the aforementioned

amount lying in the said account as per the order dated October 3,

2024. Learned Counsel for the decree-holder thus prays for an

appropriate order directing the ICICI Bank, Balaghat Branch to remit

the aforesaid amount of Rs.1,15,54,232/- to the account of the decree-

holder.

In considered view of this Court, for the effective adjudication

of the instant application notice is required to be served.

In view of such, the decree-holder is directed to serve notice

both upon the judgment-debtor no.2 as well as upon the ICICI Bank,

Balaghat Branch along with a copy of the instant application together

with a server copy of this order. The decree-holder is further directed

to file an affidavit of service on the adjourned date.

Let this matter be listed on February 14, 2025 under the same

heading.

(PARTHA SARATHI SEN, J.)

R. Bose