Kolkata Court July 2010 Judgments
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Mukunda Paul Vs. Haridas Auddy
Court: Kolkata
Decided on: Jul-28-2010
The Court :- After hearing the submissions Ms. Basanti Dutta, learned Counsel appearing in support of this application and considering the merits thereof and the report of the receiver concerned, namely Mr. Amar Nath Das, and not Mr. A.K.Das as wrongly mentioned in prayer (a) of the application, there will be an order in terms of prayer (a) of the application. Since Mr. Das, as receiver, has prepared his report which I have considered, the same will be treated as full accounts as far as prayer (b) of the application is concerned. The receiver, therefore, need not file any further accounts hereafter. In terms of the above order, the receiver will hand over the total amount mentioned in his report dated 28 July 2010 to Ms. Basanti Dutta within a week. For this purpose, the bank concerned, namely the United Bank of India, High Court Branch is directed to credit the amounts mentioned, namely Rs. 3,35,540.77 p. in the savings bank account of the receiver positively from the date of receipt ...
iag Company Ltd. Vs. Hydrochem Products (India) Pvt. Ltd.
Court: Kolkata
Decided on: Jul-28-2010
The Court : This is a winding up application coming up for admission. The company has produced its letter dated 15th July, 2010. From that letter as well as from the submission made by the learned Counsel for the company, it appears that the admitted claim of the petitioning creditor is Rs.1,49,253/-. The company has agreed to pay this sum in four equal monthly installments of Rs.37,313/- each. Payment of the first installment has been made. The rest of the installments is sought to be paid by post dated cheques. The time within which these four installments payment is to be made is 30th October, 2010. The winding up application is admitted. The petitioning creditor is to advertise this petition once in the Times of India and once in the Pratidin by four weeks from date. Publication in the Official Gazette is dispensed with. List this winding up application after six weeks as Company Matter New. However, if the above installments are duly paid as stated above, this order will remain st...
Surendra Overseas Ltd. Vs. Steel Authority of India Ltd.
Court: Kolkata
Decided on: Jul-28-2010
After hearing the submissions of Mr. Dhrubo Ghosh, learned counsel appearing in support of the application of Steel Authority of India Limited and the submissions made on the last occasion by Mr. Arup Basu on behalf of the respondent, I think the orders as prayed for should be made for the purpose of taking evidence of the witness concerned, namely Pratap Kumar Sarkar who, I am told, is about 80 years of age. Thus there will be an order in terms of prayers (a) and (b) of the application. Mr. Parnendra Narayan Dutta, learned Senior Advocate, Bar Library Club, 1st Floor is appointed Commissioner to take evidence of the witness, Pratap Kumar Sarkar. The Commissioner will be at liberty to decide the place where the evidence of the witness will be given/taken and for such purpose he will call a meeting of the parties. The Commissioner will be also be at liberty to approach the Registrar, Original Side for appointment of an assistant registrar (court recording) and the Registrar, Original Si...
The Governing Body, Serampore Girls’ College and anr. Vs. Dr. Sailen ...
Court: Kolkata
Decided on: Jul-28-2010
While deciding this appeal our attention was drawn to the plight of the Principal of a renowned college of West Bengal who had to suffer immensely at the instance of the Governing Body of the college. The learned Single Judge in the judgment and order under appeal beautifully described the high-handed arbitrary acts on the part of the Governing Body while conducting disciplinary proceedings against the Principal of the college. The learned Single Judge in the aforesaid judgment and order under appeal demonstrated that the members of the Governing Body were not at all keen to observe the principles of natural justice and procedural justice by granting minimum opportunity to the said Principal to defend himself in the disciplinary proceedings. Unfortunately, the members of the Governing Body were unmindful of the position of the Principal of a college. A Principal can be subjected to disciplinary proceedings but while conducting the said disciplinary proceedings, norms relating to princi...
Ratan Kumar Dhauria Vs. L. Union of India
Court: Armed forces Tribunal AFT Regional Bench Kolkata
Decided on: Jul-28-2010
SADHAN KUMAR GUPTA, MEMBER (JUDICIAL) 1. Initially writ petition no. 30411 (w) of 2008 was filed before the Honble High Court at Calcutta. Subsequently by the order dated 7. 1. 2010 passed by the learned Single Judge of the said High Court, the writ petition was transferred to this Tribunal as per provision of the Armed Forces Tribunal 2007 Act and same was taken into the file of this Tribunal and renumbered as T. A no. 16 of 2010 2. This case pertains to the appeal filed by ex L/NK ( Time Scale ) Ratan Kumar Dhauria of 613 Transport Company (ASC) attached to 5/4 Gorkha Rifles for quashing the proceedings and finding of the Summary Court Martial against him. The petitioner was detailed to drive the vehicle for the official conveyance of Lt. Colonel J. Sanjeev and Lt. Colonel Kandwal of APS Branch. As per the petitioner Lt Colonel J. Sanjeev often used to direct the petitioner to do jobs outside his official duty. He was compelled to drop unidentified and unknown ladies to different p...
Srei Equipment Finance Pvt. Ltd. Vs. M/S. Ace Concrete Pvt. Ltd. and o ...
Court: Kolkata
Decided on: Jul-27-2010
The Court : Further to the order dated 21st May, 2010 the Receiver has made inventory of the plant and machinery, which are the subject matter of the agreement dated 22nd March, 2008. Report of the Receiver filed in Court today be accepted. None appears for the respondents. Although service has been effected upon the respondents, the affidavit of service could not be filed. The learned advocate for the petitioner assures the Court that such affidavit of service will be filed in course of today. Such assurance this order is passed. I accept the submission that the respondents have been duly served. Therefore, actual physical possession of the above plant and machinery should be taken by the Receiver. Accordingly, I pass orders in terms of prayers[a] and [b] of the petition. Prayer [c] is for sale. I do not pass such order but reserve the right to the petitioner to take out an appropriate application for such purpose in future. Further, the petitioner may pray for other reliefs prayed fo...
Biswanath Chakraborty and anr. Vs. the Collector of Excise (North), Ca ...
Court: Kolkata
Decided on: Jul-27-2010
The petitioners challenge an order dated 19.09.2006 passed by the Collector of Excise (North), Calcutta declining their prayer for grant of license to run a foreign liquor off shop at 244/A, Vivekananda Road, Kolkata-700 006. The writ petition has been presented before this Court on 3.02.2009. The petitioners have sought to explain the delay in presenting the petition by making averments in paragraphs 22 to 25 thereof. This Court has perused the same. Though the assertion as made would ordinarily not call for strict proof, there is no reason to give credence to the statements made in paragraphs 22 and 23. The petitioners have chosen not to disclose any particulars regarding the date of admission of their mother in the nursing home as well as the date of discharge. No documentary evidence has been annexed in support of such statements. On the authority of the decision of the Supreme Court reported in 1988 (4) SCC 534, the Court may not give credence to any statement made in the petition...
M/S. S. K. Construction and ors. Vs. Rupa Ghosh and ors.
Court: Kolkata
Decided on: Jul-27-2010
The Court : Affidavit of service filed in Court be kept on record. It is submitted that the petitioners in the section 11 application [AP No.30 of 2008] have been served, which submission is accepted. This is an application by the substituted heirs of the respondent no.1 being respondent nos.1[a], 1[b], 1[c] and 1[d] to set aside the order dated 4th March, 2010. Three grounds have been urged; [i] the learned advocate representing the said respondents was ill when the application was taken up for hearing resulting in the order dated 4th March, 2010; [ii] the respondent no.2 in that application has also died. This was not brought to the notice of the court; [iii] the subject matter of the arbitration agreement was also the subject matter of the suit filed by the petitioners in the section 11 application against the respondents, which stands disposed of. Therefore, on the above prima facie case, the order dated 4th March, 2010 is stayed. List this application on 3rd August, 2010 as Motio...
Gobinda Chandra Mukherjee Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-27-2010
The Court : The petitioner is a dealer of super kerosene oil. In 1987, the petitioner was appointed dealer and licence no.69/BT/87 was issued to the petitioner under the West Bengal Kerosene Control Order 1968. The number of the kerosene licence was subsequently changed to 123/BM/W-4/9778/07. One Basudev Ghosh who has not been impleaded as respondent was allegedly granted a dealership licence under the West Bengal Kerosene Control Order 1968. The said Basudev Ghosh has, according to the petitioner, been appointed a clerk of Saktigarh High School. Upon appointment of the said Basudev Ghosh as clerk of a school, the ration cards tagged to the said Basudev Ghosh were tagged to the petitioner. The petitioner made a representation to the Sub- Divisional Controller for merger of the dealership of Basudev Ghosh with the dealership of the petitioner and/or in other words for permanent tagging of the ration cards attached to the said Basudev Ghosh to the dealership of the petitioner. Mr. Das ap...
Srei Equipment Finance Pvt. Ltd. Vs. J C Associates and anr.
Court: Kolkata
Decided on: Jul-27-2010
The Court : Leave is granted under Clause 12 of the Letters Patent subject to the question of its requirement. This is a section 9 application. It is founded on a hire purchase agreement dated 1st November, 2008 between the petitioner and the respondent no.1. The subject matter of the agreement is an equipment, whose value is Rs.67,34,375/-. Due to default in payment of installments by the respondents, the petitioner terminated the agreement on 16th March, 2010. The dues of the respondents towards the petitioner as on the date of termination is Rs.84,20,403/-. Arbitration has commenced. Affidavit of service has been filed in Court. It is submitted that the respondents have been served, which submission is accepted. None appears for the respondents. Therefore, on the above prima facie, I pass an order in terms of prayers [a] and [b] of the petition. I appoint Mr. Debanjan Banerjee, Advocate, Bar Association Room No.8 as Receiver at a remuneration of 700 GMs. to be paid by the petitioner...
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