Kalpataru Agroforest Enterprises ... vs State Bank Of India And Anr
2025 Latest Caselaw 2975 Cal/2

Calcutta High Court

Kalpataru Agroforest Enterprises ... vs State Bank Of India And Anr on 10 November, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-7 & 8

                        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 : November 10, 2025.
                                                                      Appearance:
                                                  Mr. Shuvasish Sengupta, Adv.
                                                      Mr. Sarosij Dasgupta, Adv.
                                                           Mr. Balarko Sen, Adv.
                                                           Mrs. Subhra Das, Adv.
                                                 ... for the plaintiff/decree-holder
                      In Re : IA No. GA-COM/2/2025
         The Court : The instant interlocutory application has arisen from
the main execution proceeding being EC-COM/405/2025.
         Through the instant application IA No. GA-COM/2/2025, the
plaintiff/decree-holder has prayed for disclosure of particular of assets of
the judgment-debtor no.2 and in the event of disobedience, the personal
appearance of the concerned Secretary of the State of Madhya Pradesh.
         The decree is of April 10, 2024.
                                        2
         By an order dated September 9, 2025 the Co-ordinate Bench
directed both the judgment-debtors to file the affidavit of assets in the
statutory form as mentioned therein.
         Today when the matter has been taken up for consideration, Mr.
Balarko Sen, learned Advocate led by Mr. Shuvasish Sengupta, learned
Advocate appearing for the plaintiff/decree-holder submits that the decree
has not been challenged by the judgment-debtors. However, arising out of
execution proceeding one appeal was preferred by the judgment-debtors
which was dismissed and then again a review was preferred which was
withdrawn.
         None appears for the judgment-debtors, nor any accommodation
has been prayed for.
         In view of the above, the plaintiff/decree-holder shall serve a
copy of the order dated September 9, 2025 along with a copy of today's
order upon the Chief Secretary and the Finance Secretary of the State of
Madhya Pradesh forthwith. The plaintiff shall file an affidavit of service
when the matter shall be taken up next.
         It is made clear that in the event the affidavit of assets as
directed by the Co-ordinate Bench on September 9, 2025 is not filed
positively on or before December 11, 2025, when the matter shall be
taken up next, both the Chief Secretary and Finance Secretary of the State
of Madhya Pradesh may be directed to appear personally before this
Court.
                            IA No. GA-COM/2/2025
                             In CS-COM/761/2024
                                    A.R., J.
         Pendency of this execution proceeding shall not preclude to
make necessary payment under the decree to the plaintiff/decree-holder,
in the meantime, by the defendant no.2.
         Learned Counsel for the plaintiff submits that the decree stands
satisfied against the defendant no.1.
         The instant application along with connected applications filed in
the same execution proceeding shall appear one after another under the
heading "New Chamber Application" on December 11, 2025.
                                                    (ANIRUDDHA ROY, J.)
RS
                             IA No. GA-COM/2/2025
                              In CS-COM/761/2024
                                     A.R., J.