Kolkata Court August 2010 Judgments
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Damodar Ropeways and Construction Company Pvt. Ltd. and ors. Vs. Kolka ...
Court: Kolkata
Decided on: Aug-06-2010
Affidavit-in-opposition filed by the Corporation in Court today be kept on record. Heard the learned Advocates appearing for the parties. Having regard to the contention made in paragraphs 4 to 7 of the application under Section 5 of the Limitation Act, we are satisfied that sufficient grounds have been made to condone the delay. It is a legal proposition of law that a person should not be thrown out of the Court only on the technical ground of delay and matter should be considered on merit. Several judgments were passed by the Apex Court in that line by holding that the application seeking condonation of delay should be considered leniently so that the matter could be heard on merit. Reliance may be placed to the judgments passed in the case of State of Nagaland vs. Lipok A.O. reported in (2005)3 SCC 752, in the case of Ram Nath Sao @ Ram Nath Sahu vs. Gobardhan Sao reported in (2002)3 SCC 195 and in the case of State of Haryana vs. Chandramoni & Ors. reported in (1996)3 SCC 132, a th...
Hdfc Bank Ltd. Vs. Surendra Kumar Jaiswal
Court: Kolkata
Decided on: Aug-06-2010
The Court : Notwithstanding the express direction of this Court directing the respondent No.1 to inform the petitioner of the location of the vehicle and also to make over possession of the vehicle to the learned Receiver at a time and place fixed by the learned Receiver the alleged contemnor did not inform the petitioner or the learned Receiver of the exact location of the vehicle. A vague letter was written to the petitioner, stating that the asset was located at Jamda in the District Singhbhum and the contract persons were Mr. Sanjay Singh and Mr. Himangshu Seal. The addresses of the contact persons were not disclosed. After the rule of contempt was issued, the contemnor wrote a letter disclosing two mobile numbers and stating that the vehicles could be inspected at Jamda near petrol pump. The location of the petrol pump has not been given, nor the name of the oil company. The contemnor is deviously trying to overreach this Court. The orders of this Court have deliberately been flou...
Official Liquidator Vs. Mr. Raghu Nath Tibrewal and ors.
Court: Kolkata
Decided on: Aug-06-2010
The Court: In this misfeasance proceeding it was alleged that the respondents had misappropriated a sum of Rs.50,000/- from the company which is now in liquidation. Learned Counsel appearing for the respondents seeks to settle this proceeding by bringing to Court a bankers cheque for Rs.50,000/- issued in favour of the Official Liquidator, High Court. The Court appreciates this gesture to the fullest degree and directs the Official Liquidator to accept the draft and to put it into account. However, when this good gesture has been shown by the alleged delinquents to pay off the alleged amount of misappropriation, I think in the facts and circumstances Rs.20,000/- should be refunded to them by the Official Liquidator. The Court exercises such discretion in their favour as they have brought this amount to Court, even before the damage has been proved. The balance amount may be accepted. The proceedings are hereby dismissed on the above terms. All parties concerned are to act on a signed p...
Srei Infrastructure Finance Pvt. Ltd. Vs. Rasal Dilip Damodar and anr.
Court: Kolkata
Decided on: Aug-06-2010
The Court :- Learned Counsel appearing on behalf of the parties drew our attention to the following portion of the judgment and the observations made in the judgment and order dated May 14, 2010 passed by the Honble First Court. In particular our attention has been drawn to the following portion of the impugned order : 1. Internal Page 9, Paper Book page no 118. Implicit of such statement is the admission of the arbitrators connection with the finance company. Taking a cue from the apparent admission on pleadings that the arbitrator acts regularly as arbitrator for various financial companies including this finance company, the hirer has called attention to what appears to be a reference number in several of the arbitrators documents pertaining to the reference. The hirer suggests that the reference number AC 555A which is either scribbled in pencil in some documents or appears in the acknowledgement due cards and at top the minutes of the meetings that form part of the arbitrators rec...
Aps-michigan Jv Vs. Kolkata Municipal Corporation and anr.
Court: Kolkata
Decided on: Aug-05-2010
The Court : This is a fresh Section 9 application. It is submitted that some special equities have arisen in favour of the petitioner after passing of my order dated 12th July, 2010, which has occasioned filing of this application. A statement of account dated 30th July, 2010 brought on record by supplementary affidavit on behalf of the petitioner, has been shown to me. Such statement of account has been prepared by the Kolkata Municipal Corporation. It relates to at least four contracts between the parties at Rash Behari Avenue, Biddon Street, Canning Street and Hazra Road. The summary of account shows that a sum of Rs.7,37,71,482 is due and payable by the petitioner to the Kolkata Municipal Corporation on reconciliation of accounts. There is no reservation in the accounts that any amount is conditional or provisional. It is further shown there that the unadjusted mobilisation advance is Rs.9,16,70,389. Further, damages of a little over Rs.7 crores have been adjusted against the recei...
Smt. Dhanmati Debi and anr. Vs. Coal India Ltd and ors.
Court: Kolkata
Decided on: Aug-05-2010
The Court : This writ application is directed against an order dated April 9/15, 2010 passed by the respondent no. 6. By virtue of the impugned order, the petitioners were asked to produce death certificate/death registration certificate of late Ram Subhag Chammer from Registrar of Death in accordance with law as also a succession certificate from the competent Authority for releasing the benefits arising out of the services of the aforesaid Ram Subhag Chammer in favour of the petitioner no. 1. The aforesaid Ram Subhag Chammer was working for gain under the respondent no. 6 as underground loader. He was missing on and from November 30, 1997. Ultimately by an order dated December 23, 2006 passed in T.S No. 81 of 2006, the Learned Civil Judge (Junior Division), Durgapur declared that the aforesaid Ram Subhag Chammer be presumed to be dead. By an application dated February 20, 2009 the petitioner no. 1, being the widow of late Ram Subhag Chammer, claimed releasing of the benefits arising ...
Hoare Miller and Co. Ltd. Vs. Bank of India
Court: Kolkata
Decided on: Aug-05-2010
The Court: This is an application to set aside the ex parte decree dated 29th June, 2010. The advocate on record for the defendant is a very senior solicitor of this Court. The ground taken is that he missed the matter in the list. This decree was passed at the second call when none appeared for the defendant. I think it would be better to hear this Chapter 13A application on merits so as to resolve the real controversy between the parties on contest. In my opinion no purpose will be served in investigating this reason for nonappearance. In any event, in normal course a matter should be heard on contest rather than exparte and decree passed accordingly. This application has been made immediately after such decree was passed. However, the ends of justice also demand that the decree-holders application should be heard expeditiously. Therefore, the ex parte decree dated 29th June, 2010 is set aside. List the application for summary judgment as the first Adjourned Motion on Tuesday i.e. 10...
Swadesh Mukherjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-05-2010
In this writ application, the petitioner has sought orders on the respondent Regional Transport Authority to issue permanent stage carriage permit to the petitioner to operate a vehicle on the route 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...
Uma Enterprises Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-05-2010
The Court : The learned Jr. Standing Counsel for the State of West Bengal states that records of the proceedings were made available to the learned Counsel for the parties to take inspection, where it is found that there is an attempt to copy down the records which cannot be permitted. On the other hand, the learned Counsel for the appellant submits that while taking inspection they were only preparing notes and not copying down from the notes and that the notes were being prepared from the records of matters which are relevant, such as, particulars regarding deposits made by the parties and the different receipts and other particulars relating to the tender notice. In our opinion, parties can be permitted to take down notes from the records in the presence of the officers of the State and if the inspection is taken in the chamber of the learned Counsel appearing for the State, then it would be in the presence of responsible person of the Department and copies of the notes will be furn...
M/S. Industrial System and Control Pvt. Ltd. Vs. M/S. Eastern Engineer ...
Court: Kolkata
Decided on: Aug-05-2010
This application is to be treated as an application for setting aside and/or recalling the order of winding up dated 28th July 1997. In pursuance of such order the official liquidator has taken possession of the assets and other properties of the company. The petitioner submits that all his dues have been satisfied by the company. The official liquidator submits that further to such winding up order, no creditor or contributory has come forward. Therefore, in my opinion there is no difficulty in setting aside the winding up order. I accordingly set aside such order. The official liquidator will hand back the assets and effects in his possession to the company. This application is accordingly allowed. Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities....
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