Private Limited vs State Bank Of India And Anr
2025 Latest Caselaw 2474 Cal/2

Calcutta High Court

Private Limited vs State Bank Of India And Anr on 9 September, 2025

OCD-12
                                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 : 9th September, 2025.

                                                                            Appearance:
                                                         Mr. Shuvasish Sengupta, Adv.
                                                             Mr. Sarosij Dasgupta, Adv.
                                                                  Mr. Balarko Sen, Adv.
                                                                 Mrs. Subhra Das, Adv.
                                                       ...for the petitioner/decree-holder

                                                             Mr. Debashish Saha, Adv.
                                                               Mr. Sanjoy Ghosh, Adv.
                                                             ...for defendant bank (SBI)




         1.

By an order dated 20th June, 2025 this Court has appointed the

Receiver to attach the property, i.e., the Office of the Chief

Conservator of Forest (Balaghat Circle), at Seoni Road, before Garra

Railway crossing, Balaghat, Madhya Pradesh and the Office of the

Divisional Forest Officer, South Production, at Seoni Road,

Balaghat, near Kali Path, Madhya Pradesh by putting padlocks in

the said offices.

2. In terms of the order dated 20th June, 2025 the learned Receiver

has submitted the report wherein it reveals that the Receiver has

put the lock in both the offices. Now the decree-holder has filed two

applications one being GA-COM/2/2025 praying for a direction

upon the Secretary of the Forests, State of Madhya Pradesh for

filing Affidavits of assets in Form 16A of the Appendix-E of the Code

of Civil Procedure 1908 and another being GA-COM/3/2025

praying for direction upon the Receiver for making an inventory of

the movable properties and to take physical possession of the offices

of the judgment-debtors.

3. At this stage, this Court is of the view, before passing any further

coercive order, it would be proper to give an opportunity to the

judgment-debtors to file the Affidavit of assets in Form-16A of the

Code of Civil Procedure 1908 by disclosing their assets.

4. Let the Affidavit of assets be filed within a period of three weeks

from date, after serving the copy to the learned advocate appearing

for the decree-holder.

5. It is made clear that by the returnable date if the judgment-debtors

fail to file Affidavit of assets, appropriate order will be passed as

prayed for by the decree-holder in GA-COM/3/2025.

6. Let the matter appear on 4th November, 2025.

7. The advocate on record of the decree-holder is directed to

communicate this order to the judgment-debtors for their

information and compliance.

(KRISHNA RAO, J.)

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