Kolkata Court July 2010 Judgments
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indusind Bank Ltd. Versus Samir Sharma 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. This application is moved ex parte on the apprehension that if notice of this application is given to the respondents, they will alienate or part with possession of the subject vehicle. It is founded on a hire purchase agreement dated 12th of October, 2006 between the parties. The subject matter of the agreement is a vehicle, whose value is Rs.10,20,000/-. The dues of the respondents towards the petitioner is about Rs.14,73,000/-. It is submitted that the vehicle is in the custody of the police station and is situated in Krishangunj, Police Station, Bihar. Arbitration has commenced. Since this application is moved ex parte, I pass an order in terms of prayer (a) restricted to inventory and symbolic possession only. I also pass an order in terms of prayer (b) of the petition. I appoint Mr. Sahidul Islam, Bar Association, Room No.14, Advocate as R...
Debasis Kundu Vs. Bharat Sanchar Nigam Limited
Court: Kolkata
Decided on: Jul-27-2010
This is a Section 11 application. It arises out of an agreement, the date of which is quite hard to ascertain, annexed to the petition as `Annexure B. The tender document is dated 20th March, 2008. The said agreement contains an arbitration clause being Clause 10, which is reproduced below: 10. All disputes and differences arising out of or in any way touching or concerning this agreement shall be referred to arbitration of C.A.O. And if the C.A.O. is unable to or unwilling to act to the sole arbitration of some other person appointed by the C.A.O. willing to act as such Arbitrator, it will be no objection to any such appointment that the arbitrator so appointed is a BSNL servant he has or had dealt with the matters to which this agreement relating or that in the course of his duties, as such BSNL servant he has expressed views on all or any of the matters in dispute or differences. The award of the arbitrator appointed shall be final binding upon both the parties to this agreement and...
Subal Kumar Dey and anr. Vs. Rose Valley ChaIn Marketing Systems Ltd a ...
Court: Kolkata
Decided on: Jul-26-2010
THE COURT : Instead of hearing of the application for stay, we propose to hear out the appeal itself by treating the same as on the days list as this appeal can be disposed of on a pure question of law. This appeal is at the instance of a defendant in a suit for defamation and is directed against the order dated 22nd June, 2010 passed by a learned single Judge of this 2 Court by which his Lordship adjourned the hearing of an application for injunction till the hearing of a Contempt Rule, which has been issued on the ground of violation of the ad interim order of injunction issued on the selfsame application. The plaintiff-respondents filed a suit for defamation after taking leave under Clause 12 of the Letters Patent and after filing of such suit came up with an application for injunction with the following prayers :- (a) An order of temporary injunction be passed restraining the respondents and each one of them, their respective servants, agents and/or assigns by whatsoever name call...
M/S.Narbheram Finance Co. Ltd. Vs. Rajrndra Yadav and ors.
Court: Kolkata
Decided on: Jul-26-2010
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 21st January, 2008 between the petitioner and the respondent no.1. The subject matter of the agreement is an hydraulic excavator, whose value is Rs.41,30,000/-Due to default in payment of installments by the respondents, the petitioner terminated the agreement on 5th June, 2010. The dues of the respondents towards the petitioner as on 30th June, 2010 is Rs.26,59,238/-. Arbitrator has not been appointed. 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 case, I pass an order in terms of prayers (a), (b) and (c) of the petition. I appoint Mr. Sadananda Mondal, Bar Association, Room No. 4 ,Advocate as Receiver at a remuneration of 700 GMs. to be paid ...
The State of West Bengal and ors. Vs. Md. Abu Taher Mollah
Court: Kolkata
Decided on: Jul-26-2010
THE COURT: This is an application for condoning the delay in preferring the appeal. Having heard the learned Counsel appearing on behalf of the respective parties and going through the averments made in this application, 2 we are satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned in this application for condoning the delay in preferring the appeal. Therefore, the delay in preferring the appeal is condoned. Let the appeal be registered, if the same is otherwise in form. This application thus stands allowed. There will, however, be no order as to costs. Ref. : G.A. No. 2262 of 2010 This application for stay has been filed in connection with the appeal preferred from the judgment and order dated May 7, 2008 passed by a learned Judge of this Court whereby and where under the said learned Judge finally disposed of the writ petition on merits by directing the District Inspector of Schools (SE), Hooghly, to convert the pensioner benefit of the petit...
Magma Fincorp Ltd. Vs. Madhusudan Rout and anr.
Court: Kolkata
Decided on: Jul-26-2010
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 30th July, 2005 between the petitioner and the respondent no.1. The subject matter of the agreement is an equipment, whose value is Rs.16,00,800/-. Due to default in payment of instalments by the respondents, the petitioner terminated the agreement on 22nd December, 2006. The dues of the respondents towards the petitioner as on 22nd June, 2010 is Rs.33,24,529/-. 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. Since the agreement had been terminated in December, 2006 and this application is being moved in the latter part of 2010, I am not inclined to pass an order for actual physical possession of the equipment, at the time of moving this application. I pa...
Gouranga Guha Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-26-2010
In this writ application, the petitioner has sought orders on the respondent State Transport Authority to issue a Stage Carriage Permit to the petitioner to operate a vehicle as specified in his application. Section 80(1) and (2) of the Motor Vehicles Act, 1988 provide as follows : 80. Procedure in applying for and granting permits (1) An application for a permit of any kind may be made at any time. (2) A Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of Section 66 shall not ordinarily refuse to grant an application for permit of any kind made at any time under this Act. Provided that the Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66 may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed specified in a notification in th...
Saborni Mondal Vs. West Bengal University of Health Sciences and ors.
Court: Kolkata
Decided on: Jul-26-2010
The Court:-The writ petitioner is enrolled with B.Sc. (Hons.) Nursing Course in the College of Nursing Medical College and Hospital, Kolkata. This is a four-year course and a candidate has to clear the examination in four parts. It appears that every year the examination is held twice. The petitioner has been unsuccessful in clearing her Part-II Examination. The petitioner was unsuccessful in clearing her Part-II Examination as she had not been able to obtain pass marks in one subject. The Part-III Examination is going to be held in near future. The result of the petitioner was declared in the first week of June this year. The petitioner now desires to sit in the Part-III Examination along with back paper of Part-II Examination. I find from the Rule, however, that a candidate cannot be permitted to appear in the subsequent higher examination unless the candidate has passed the previous examination. Since the petitioner admittedly has not cleared the previous examination, I do not thin...
Gemco Castings Ltd. and anr. Vs. the Registrar of Companies and ors.
Court: Kolkata
Decided on: Jul-26-2010
The Court : In stead of hearing the application, we propose to hear out the appeal itself by treating it as on days list. This appeal is at the instance of a company and is directed against the order dated 29th March, 2010, passed by a Learned single Judge, by which His Lordship directed that on payment of costs of 4000 GMs. within a week from the date of passing of such order the name of the petitioner company would be restored. It was further observed that all statutory records and documents not filed previously should be filed with the Registrar of Companies within a month from that date and in default of all statutory records and documents being filed, the Registrar should proceed against the company and its officers, including, in particular, the second petitioner under the appropriate criminal provisions of the Companies Act. The Learned Single Judge in the penultimate paragraph of the order further accepted the position that the provisions of Section 560(1) or Section 560(2) of ...
Srei Equipment Finance Pvt. Ltd. Vs. Vikash Kumar and anr.
Court: Kolkata
Decided on: Jul-26-2010
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 27th January, 2009 between the petitioner and the respondent no.1. The subject matter of the agreement is an excavator, whose value is Rs.42,93,229/-. Due to default in payment of installments by the respondents, the petitioner terminated the agreement on 13th January, 2010. The dues of the respondents towards the petitioner as on 6th January, 2010 is Rs.48,91,008/-. Arbitration has been 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 case, I pass an order in terms of prayers (a) and (b) of the petition. I appoint Mr. Goutam Mukhkerjee, Bar Association, Room No. 2 ,Advocate as Receiver at a remuneration of 700 GMs. to be paid by the pe...
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