Citation : 2026 Latest Caselaw 2861 Cal/2
Judgement Date : 9 April, 2026
OC-12 TO 15
In The High Court at Calcutta
[Commercial Division]
Original Side
IA NO. GA-COM/11/2025
[OLD NO. CS/486/1998]
In CS-COM/21/2024
KALPATARU AGROFOREST ENTERPRISES PVT LTD
Vs
STATE BANK OF INDIA AND ANR
&
IA NO. GA-COM/2/2025
In EC-COM/405/2024
KALPATARU AGROFOREST ENTERPRISES PVT LTD
Vs
STATE BANK OF INDIA AND ANR
&
IA NO. GA-COM/3/2025
In EC-COM/405/2024
KALPATARU AGROFOREST ENTERPRISES PVT LTD
Vs
STATE BANK OF INDIA AND ANR
&
IA NO. GA-COM/4/2026
In EC-COM/405/2024
KALPATARU AGROFOREST ENTERPRISES PVT LTD
Vs
STATE BANK OF INDIA AND ANR
BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : April 9, 2026.
2
Appearance :
Mr. Shuvasish Sengupta, Adv.
Mr. Sarosij Dasgupta, Adv.
Mr. Balarko Sen, Adv.
Mrs. S. Das, Adv.
...for the plaintiff/decree holder
Mr. Anirban Ray, Sr. Adv.
Mr. Soumalya Ganguly, Adv.
Ms. Manali Ali (Bose), Adv.
Mr. Soumojit Ray, Adv.
...for State of Madhya Pradesh
The Court :- Mr. Shuvasish Sengupta, learned Advocate appears
for the decree holder.
Mr. Soumalya Ganguly, learned Advocate led by Mr. Anirban Ray,
learned Senior Advocate appears for the judgment debtor No. 2/State of
Madhya Pradesh.
At the outset, Mr. Shuvasish Sengupta, learned Advocate
appearing for the decree holder submits that the decree stands satisfied
against judgment debtor No. 1/SBI. Therefore, this execution application
shall only be proceeded against the judgment debtor No. 2/ State of
Madhya Pradesh.
In Re: IA GA-COM/11/2025 in CS-COM/21/2024
This is a composite application praying for condonation of delay
for about 552 days in filing an application for setting aside of an ex parte
decree and prayer for setting aside of ex parte decree.
On the prayer of Mr. Soumalya Ganguly, learned Advocate
appearing for the judgment debtor No. 2/State of Madhya Pradesh, time
IA NO. GA-COM/11/2025 in CS-COM/21/2024 and
IA NO. GA-COM/2/2025, GA-COM/3/2025, GA-COM/4/2026
in EC-COM/405/2024
A.R., J.
to file affidavit in reply stands extended till today. Affidavit in reply filed in
Court today is taken on record. Copy has been served.
Logically, prayer for condonation of delay is taken up for
consideration first.
Mr. Soumalya Ganguly, learned Advocate led by Mr. Anirban Ray,
learned Senior Advocate appearing in support of the application for setting
aside of an ex parte decree has been continuing with his submissions. He
shall continue on the next day.
After submissions of the defendant concludes, Mr. Shuvasish
Sengupta, learned Advocate shall commence his submissions.
On the joint prayer of the parties, the matters shall appear under
the heading "Adjourned Motion" on April 23, 2026.
(ANIRUDDHA ROY, J.)
Sbghosh
IA NO. GA-COM/11/2025 in CS-COM/21/2024 and
IA NO. GA-COM/2/2025, GA-COM/3/2025, GA-COM/4/2026
in EC-COM/405/2024
A.R., J.
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