Kolkata Court June 2009 Judgments

Shree Krishna Paper Mills and anr. Vs. the West Bengal State Electrici ...

Court: Kolkata

Dipankar Datta, J.1. The first petitioner is a private limited company of which the second petitioner is a Director. They had responded to a sale notice issued by the West Bengal Financial Corporation (hereafter the Corporation) dated 19.1.2007 in exercise of power conferred by Section 29 of the State Financial Corporations Act, 1951 (hereafter the SFC Act). By the said notice, inter alia, the fixed assets of M/s. Globe Paper Mills Limited (hereafter Globe) comprising land with shed and structures and machinery at Bhandartikuri, Post Office Purbasthali in the district of Burdwan (hereafter the said premises) was put up for sale. The petitioners had offered Rs. 1,33,00,000/-, which was accepted by the Corporation. It is claimed that on 29.1.2008 the fixed assets of Globe were handed over peacefully to the petitioners. 2. The Managing Director of the first petitioner thereafter approached the respondent distribution company (hereafter the licensee) and vide letter dated 8/12.2.2008, whil...

Coventry Spring and Engineering Co. Ltd. Vs. I.C.i.C.i. Bank Ltd.

Court: Kolkata

Reported in: [2009]152CompCas68(Cal)

Surinder Singh Nijjar, C.J.1. This appeal has been filed against the judgment and/or order passed by the learned single judge dated February 11, 2005, whereby the winding up petition filed against the appellant-company has been admitted for a sum of Rs. 3 crores together with interest at the rate of 5 per cent, per annum from April 1, 2003, until realisation.2. At the outset, we may notice here that the petitioning creditor here is a financial institution, namely, I.C.I.C.I. Bank Ltd. In the usual course of business, the petitioner granted financial assistance to Coventry Coil-O-Matic (Haryana) Ltd. (hereinafter referred to as the 'Coil-O-Matic') on the request of Coventry Spring and Engineering Co. Ltd. (hereinafter referred to as the 'Coventry Spring'). Coil-O-Matic was granted a number of loans in foreign currency the details of which are set out in the petition.3. During the negotiation and/or execution of the loan agreements, Coventry Spring represented that Coil-O-Matic is its al...

Naresh Nath Mukherjee (Shipping) P. Ltd. Vs. Triton Container Internat ...

Court: Kolkata

Reported in: [2009]152CompCas293(Cal)

Surinder Singh Nijjar, C.J.1. This letters patent appeal has been filed against the judgment of the learned single judge dated February 23, 2004, admitting the winding up petition to the extent US $ 95,659.54 equivalent to Rs. 45,10,347.30 with interest at the rate of 9 per cent, per annum from the date of winding up notice until payment is made.2. The petitioning creditor is carrying on business of leasing out, inter alia, various types of Dry-van containers. It claims that at the request of the company, the petitioner agreed to grant and the company agreed to take on lease for an initial period of one year commencing from July 1, 1997, Dry-Van containers of different specifications. The terms and conditions of such leasing were recorded in writing subsequently in an agreement executed on January 30, 1998. The agreement was, however, given retrospective effect from July 1, 1997. The agreement was renewed from time to time and is still in force which would appear from dealings and tran...

Nilima Das Vs. State of West Bengal and ors.

Court: Kolkata

Dipankar Datta, J.1. The National Rural Health Mission has introduced a scheme for engagement of a second Auxiliary Nurse and Midwife in all the health sub- centres in the State in a phased manner upto 2010. The engagement would be on a purely contractual basis by the Block Health and Family Welfare Samiti on behalf of the District Health Mission. Those aspiring for engagement must be married women in the age group of 25-35 years and a resident of one of the villages comprising the sub-centre. Once engaged, one would receive a monthly honorarium of Rs. 7,000/. 2. It has been clarified vide Memo dated 8th November, 2006 issued by the State Mission Director and Special Secretary to the Government of West Bengal, Department of Health and Family Welfare that 'selection of second ANMs is to be done STRICTLY ON MERIT BASIS on the basis of marks obtained by the candidate in the Madhyamik or equivalent examination' and that 'no marks have been earmarked for any other purpose i.e. viva voce etc...

Tarak Nandi Vs. Smt. Dolly Nandinee Paul

Court: Kolkata

Reported in: AIR2009Cal248

Bhaskar Bhattacharya, J.1. This appeal is at the instance of a husband in a suit for divorce filed on the ground of desertion and is directed against the judgment and decree dated 29th May, 2004 passed by the learned Additional District Judge, Fast Track Court at Barrackpore, District-North 24-Parganas, in Matrimonial Suit No. 595 of 2002 thereby dismissing the said suit. 2. Being dissatisfied, the husband has come up with the present appeal.3. The appellant filed in the Court of the learned District Judge, at Barrasat, a suit being Matrimonial Suit No. 595 of 2002 which was subsequently transferred to the Court of Fast Track, Barrackpore, for divorce on the ground of desertion and the case made out by the appellant may be summed up thus:(a) The parties were married on 8th June, 1993 according to Hindu Rites and Customs at the place of the parents' residence of the respondent at Kasba, District-South 24-Parganas.(b) After the marriage, the parties stayed together in the residential hou...

Panskura Automobiles and anr. Vs. the Union of India (Uoi) and ors.

Court: Kolkata

Sanjib Banerjee, J.1. The petitioners question the propriety of a show cause notice issued by the Indian Oil Corporation Limited threatening to terminate an agreement by which the petitioner firm operates a petrol pump on NH-6 at Mechogram in district Purba Medinipur. The principal prayer in the petition is to set aside the show cause notice. In course of time the petitioners have attempted to enlarge the scope of the proceedings, now that a final order has been made and the corporation has sought leave to implement the final order. In view of the fact that the impugned show cause notice had culminated in a decision being rendered by the corporation, the writ petitioners were given the liberty to withdraw the limited challenge to the show cause notice with leave to carry all points in the comprehensive challenge to the final decision of the corporation. The petitioners have insisted on pursuing this writ petition.2. An interim order was made on May 17, 2007 that has been continued. The...

Smt. Dolly Banerjee Vs. Union of India (Uoi) and anr.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a claimant in a proceeding under Section 16 of the Railway Claims Tribunal Act and is directed against an award dated 30th June, 2003, passed by the Railway Claims Tribunal, Kolkata Bench, in Claim Application No. A/1372 of 2000, thereby rejecting the claim-petition on the ground that the victim was not a bona fide passenger of the train at the time of happening of the untoward incident and as such, was not entitled to claim any amount of compensation.2. Being dissatisfied, the claimant, the widow of the victim, has come up with the present appeal.3. The appellant before us filed an application under Section 16 of the Railway Claims Tribunal Act thereby claiming compensation for the death of her husband on the allegation that on 20th August, 1999 at about 16.50 hours the victim, namely, Sunil Banerjee, while returning back by 455 Up, a local train, to his home, fell down from the running train due to overcrowd in the co...

Rekha Dutta and ors. Vs. Ram Avatar Lohia and anr.

Court: Kolkata

Reported in: 2006ACJ2679

Bhaskar Bhattacharya, J.1. This appeal is at the instance of the claimants in a proceeding under Section 110A of the Motor Vehicles Act, 1939 and is directed against an award dated 11th August, 2008, passed by the learned Judge, Second Bench, City Civil Court at Calcutta, in M.J.C. No. 44 of 1986 thereby disposing of the said proceeding by awarding a sum of Rs. 1,96,490/- with interest @ 9% p.a. from the date of award till actual payment by the Insurance Company. The Insurance Company was directed to pay the amount within 30 days from the award failing which, it was stipulated in the award, the claimants would be at liberty to put the award into execution through Court and in that event, the decretal amount should carry interest @ 9% p.a. till realisation.2. Being dissatisfied, the claimants have come up with the present appeal.3. The only grievance of the appellants in this appeal is that although the proceeding was initiated in the year 1986 and was disposed of in the year 2008, the ...

Mainura Bibi Vs. Union of India and ors.

Court: Kolkata

Reported in: AIR2009Cal214

Bhaskar Bhattacharya, J.1. All these three appeals were heard together as common question of law is involved in these three appeals.2. All these three appeals are directed against three different awards passed by the Railway Claims Tribunal awarding compensation in favour of the claimants thereby directing the Railway Authority to pay the awarded amount within a stipulated period with a condition that in default of payment of the amount within 60 days from the date of passing the award, the same should carry simple interest @ 6% p.a. from the date of award till realisation.3. Being dissatisfied, the claimants have preferred the present three appeals.4. The grievance of the learned advocate appearing on behalf of the appellants in these three appeals is that the learned Tribunal ought to have awarded interest on the awarded sum from the date of filing of the application till actual deposit at least at the rate by which the nationalised banks grant interest for deposit of amount for one ...

Subal Chandra Maity and ors. Vs. Usha Banerjee and ors.

Court: Kolkata

Reported in: AIR2009Cal210

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the defendants in a suit for declaration and injunction and is directed against the judgement and decree dated 12th May, 2004, passed by the learned Trial Judge, Tenth Bench, City Civil Court at Calcutta, in Title Suit No. 1271 of 2001 thereby decreeing the said suit in part.2. Being dissatisfied, the defendants have come up with the present first appeal.3. The respondents before us filed in the City Civil Court at Calcutta a suit being Title Suit No. 1271 of 2001 thereby praying for declaration that the plaintiffs were the absolute owners of three garages including one stable on the ground floor of premises Nos. 131A and 131B, Akhil Mistry Lane, Calcutta-9 and were entitled to use and enjoy the said property without any interference and interruption of ingress and egress and for permanent injunction restraining the defendants, their men and agents from disturbing or interfering with the possession of the plaintiffs in ...