Calcutta High Court
Kalpataru Agroforest Enterprises ... vs State Bank Of India And Anr on 20 June, 2025
OCD-13
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
EC-COM/405/2024
IA NO: GA-COM/2/2025, GA-COM/3/2025
KALPATARU AGROFOREST ENTERPRISES PRIVATE LIMITED
VS
STATE BANK OF INDIA AND ANR.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: June 20, 2025.
Appearance:
Mr. Subhashish Sengupta, Adv.
Mr. Sarosij Dasgupta, Adv.
Mr. Balarko Sen, Adv.
Ms. Subhra Das, Adv.
... for the decree holder
Mr. Swapan Banerjee,, Adv.
Ms. Susmita Shaw, Adv.
Mr. Soumen Chatterjee, Adv.
...for the State of Madhyapradesh/Judgment debtor no. 2
1.
Mr. Subhashish Sengupta, learned Advocate, is appearing for the
decree holder.
2. Mr. Swapan Banerjee, learned Advocate, is appearing for the State
of Madhyapradesh/Judgment debtor no. 2.
3. The decree holder has filed the execution case praying for
execution of the judgment and decree passed by this Court dated
10th April, 2024 wherein this Court has passed a decree declaring
that the plaintiff do get a decree of Rs.28,33,356/- with interest at
the rate of 10% per annum from the date of institution of the suit
till payment as refund of money and the plaintiff do get a decree
of Rs.13,99,950/- further an account of loss or profit.
4. This Court also injuncted the judgment debtors by way of
permanent injunction invoking or giving any effect to the bank
guarantee wherein BG/24/97-98 dated October 25, 1997,
BG/25/97-98 dated October 25, 1997 and BG/26/97-98 dated
October 25, 1997.
5. This Court also grant a decree of cancellation and delivery of bank
guarantees and the defendant no.1 is directed to cancel and
delivery of bank guarantee to the plaintiff.
6. In the execution case this Court has called for the report from the
ICICI Bank with respect of the details and the amount pending in
the account no.185705004699 in the name of Dakshin
Vanmandal Jila Balaghat Vanopaj Sahkari Sangh Maryadit. The
bank account was active but only an amount of Rs.84713/- is
lying in the said account. In the report the bank has informed this
Court that the bank has marked the said account on lean for a
total sum of Rs.1,15,54,232/-.
7. Learned Counsel appearing for the State of Madhyapradesh prays
for an adjournment on the ground that Advocate General of
Madhyapradesh is appearing in the matter. When this Court has
refused to grant time, in the meantime, Mr. Swapan Banerjee,
Learned Advocate had appeared in the mid of the dictation of the
order and submits that the documents of the Judgment debtors
are not traceable and they have re-constructed the file and filed a
review application before this Court and the review application is
pending and he prays of time.
8. Counsel for the judgment debtor/State of Madhyapradesh
submits that he is appearing in the matter and the Advocate
General of Madhyapradesh is not appearing in the matter.
9. Considering the above, this Court finds that the review
application filed by the judgment debtor/State of Madhyapradesh
is not appearing before this Court. Thus, no order can be passed
with regard to the review application.
10. The learned Advocate appearing for the State of Madhyapradesh
has not prayed for any time with regard to the execution
proceeding through the application filed by the petitioner was
served upon the judgment debtor through e-mail on 15.05.2025
and as such this Court has no other option but to appoint a
receiver for attachment of the Office of the Chief Conservator of
Forest (Balaghat Circle), at Seoni Road, before Garra Railway
crossing, Balaghat Madhyapradesh-481001 and the Office of the
Divisional Forest Officer, South Production, at Seoni Road,
Balaghat, near Kali Path, Madhyapradesh, 481001 by putting the
padlock in the said Offices and to submit the report before this
Court.
11. Mr. Anuj Singh, Advocate is appointed as a receiver to attach the
property as mentioned above and to file the report before this
Court within a period of three weeks from the date.
12. The receiver is at liberty to approach before the concern police
authority including the Superintendent of Police of the concerned
district, if any of the authority or any person or agents are
restrained the receiver to carry out the order passed by this Court
for attachment of the office of the Chief Conservator of Forest and
Divisional Forest Officer in connection with this case. If any
request is made to the concern police authority by the receiver,
the police authority shall provide sufficient police help to the
receiver for compliance of the order.
13. The remuneration of the receiver is fixed at Rs.50,000/- and the
decree holder is directed to pay the said fee to the receiver.
14. Let the report be filed before this Court on 17th July, 2025.
(KRISHNA RAO, J.)
S.Mandi
