Kolkata Court August 2010 Judgments
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Runa Chakraborty Vs. West Bengal College Service Commission and ors.
Court: Kolkata
Decided on: Aug-04-2010
The Court:-Today when the matter is called on, Dr.Sambuddha Chakraborty learned Counsel appearing for the Gour Banga University, prays for some time to obtain further instruction in this matter. I am of the opinion that the view of Gour Banga University on the question as to whether womens studies would be equivalent or relevant to English Language would be necessary for effective adjudication of this writ petition. I, accordingly, direct the Gour Banga University to file an affidavit affirmed by a responsible officer to bring on record the view of the Gour Banga University on this subject. Such affidavit may be filed by 2nd September, 2010. Let this matter be listed on 3rd September, 2010. Interim order already passed in this matter will continue until further order of this Court. All parties concerned are to act on a signed photocopy of this order on the usual undertakings. ...
Nishith Ranjan Banerjee and Others Vs. the Official Liquidator, High C ...
Court: Kolkata
Decided on: Aug-04-2010
This is an application by sixteen workers of the company (in liqn.). Their grievance is that their dues have not been paid by the Official Liquidator. It is submitted on behalf of the Official Liquidator that the time to lodge such claim was upto 24th June 2010 and these workers have accordingly lodged their claim. What I am concerned about is this. The company was wound up in 2003. Till date wages of these workers remain unpaid. Therefore, I dispose of this application by directing the Official Liquidator to take steps expeditiously for settlement and payment of these claims along with other claims after obtaining due sanction of the Court preferably within a period of three months from date. All parties are to act on a signed copy of the minutes of the operative portion of this order on the usual undertakings. Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities....
Coastal Roadways Ltd. Vs. Kanoi Plantations Pvt. Ltd.
Court: Kolkata
Decided on: Aug-04-2010
The Court : This claim arises out of a judgment and order dated 20th July, 2004 passed in a winding up application, CP No.181 of 2004. That judgment was to be treated as a decree. Thereunder, the petitioning creditor became entitled to Rs.9 lac together with interest @ 19.5% per annum from 28th June, 2001 till 8th April, 2004 and @ 9% per annum thereafter till payment. The said judgment and order specifically stated that the aforesaid sum could be executed, as well, like a decree. The petitioning creditor duly applied for execution of this decree by EC No.66 of 2004. However, when the matter came up before sister Indira Banerjee, J. on 22nd March, 2006, it was found that the company had been wound up by an order dated 20th December, 2004 in another proceeding. Therefore, no execution could be continued. Hence, this fresh winding up application. Ms. Noelle Banerjee, learned advocate appearing for the petitioning creditor submits that as on 16th June, 2010 there is due and payable by the...
Magma Fincorp Ltd. Vs. Sida Bikha Chavda and anr.
Court: Kolkata
Decided on: Aug-04-2010
The Court: In compliance of my order dated 13th July, 2010, the Receiver visited a place in Gujarat where the equipment was likely to be located. On enquiry she was informed that the equipment was not there and that it had been shifted out of the location. The Receiver files a report in Court today, which is taken on record. The equipment has to be located. To help the Receiver in locating the equipment, the Receiver may write to the appropriate police authorities to find out the vehicle and also employ an agent or private detective for that purpose at the expense of the petitioner. Therefore the Receiver is to take actual physical possession of the equipment, either herself or by an agent, considering the location of the equipment and other factors. In addition to the directions given in my order dated 13th July, 2010 for police assistance, I direct the concerned Superintendent of Police to render help to the Receiver. I make this application returnable four weeks hence when a further...
Nobile Snack Pvt. Ltd. Vs. the Paper Products Ltd.
Court: Kolkata
Decided on: Aug-04-2010
The Court: In this winding up application, directions for filing affidavits were made yesterday. Since then, the parties have settled their dispute. They ask me to record a terms of settlement. That is not permissible in a winding up application. In any event, it appears that the admitted debt of the company towards the petitioning creditor, arising out of the transaction, which is the subject matter of the winding up application, is Rs.11,10,514.97/-. Therefore, on such admission there is no further need to file any affidavits in this application. Directions for such filing need not be complied with. This application is treated as an Adjourned Motion in the days list. The winding up application is admitted. Publication of this application should be made once in the Times of India and once in Bartaman. Publication in the Official Gazette is dispensed with. Such publication is to be made within four weeks from date. However, if the above sum is paid between 15th August, 2010 and 15th Se...
M/S Gyan Enterprises and anr Vs. Coal India Ltd. and anr.
Court: Kolkata
Decided on: Aug-04-2010
The Court : In this writ application the petitioners have, inter alia, challenged an order No.CCL-HQ-C-4-590 informing the petitioners that as per the directive of the competent authority, dispatches of coal to the unit of the petitioners had been suspended with immediate effect, until further orders. Suspension of supply of coal entails civil consequences. An order of suspension of supply of coal is required to be in compliance with principles of natural justice. The impugned order does not disclose any reasons, and is therefore, ex facie in violation of principles of natural justice. Furthermore, it appears that the writ petitioners had earlier moved a writ application in this Court being WP No.13802(W) of 2008 which is still pending. In the aforesaid case, an interim order was passed by a Single Bench of this Court restraining the respondents from implementing the termination clause or the provisions for gradual reduction of supply contained in clauses 2 & 3 of the Fuel Supply Agree...
indica Smokeless Fuel Industries and anr Vs. Coal India Ltd. and anr.
Court: Kolkata
Decided on: Aug-04-2010
The Court : In this writ application the petitioners have, inter alia, challenged an order No.CCL-HQ-C-4-590 informing the petitioners that as per the directive of the competent authority, dispatches of coal to the unit of the petitioners had been suspended with immediate effect, until further orders. Suspension of supply of coal entails civil consequences. An order of suspension of supply of coal is required to be in compliance with principles of natural justice. The impugned order does not disclose any reasons, and is therefore, ex facie in violation of principles of natural justice. Furthermore, it appears that the writ petitioners had earlier moved a writ application in this Court being WP No.13802(W) of 2008 which is still pending. In the aforesaid case, an interim order was passed by a Single Bench of this Court restraining the respondents from implementing the termination clause or the provisions for gradual reduction of supply contained in clauses 2 & 3 of the Fuel Supply Agree...
Magma Fincorp Ltd. Vs. Ratan Lal Jatiya and ors.
Court: Kolkata
Decided on: Aug-04-2010
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 5th February, 2008 between the parties. The subject matter of the agreement is a Backhoe Loader, whose value is Rs.22,50,572/-. Due to default in payment of installments by the respondents, the petitioner terminated the agreement on 15th February, 2010. The dues of the respondents towards the petitioner as on termination is Rs.11,74,199/-. Arbitrator has 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, I pass an order in terms of prayers (a) and (b) of the petition. I appoint Ms. Soma Laha, Bar Association Room No.2 as Receiver at an initial remuneration of 700 GMs. to be paid by the petitioner. Receiver to file the report by the r...
Girish Kumar Khaitan and ors. Vs. Suprova Basu and ors.
Court: Kolkata
Decided on: Aug-04-2010
The Court : There will be an order in terms of prayer (a) of the application. We have heard the learned Advocates appearing for the parties at length. This appeal is directed against an order passed by the Hon'ble First Court refusing the interim order at the time of moving the application. The Hon'ble First Court at that point of time directed to file affidavits so that the matter can be decided. We do not intend to interfere at this stage in respect of the said order so passed by the Trial Court. Mr. J.K. Mitra, learned senior counsel appearing in support of this appeal contended before us and fairly submitted that the decree which had already been passed in this matter had been affirmed by the Division Bench of this Court in favour of respondent Nos.1, 2 and 3 and his clients agony is only with regard to the execution of the said decree, if made by the said respondents, which wold affect the rights of the appellants herein. Mr. Mitra has also pointed that his client has a right, tit...
Mrityunjoy Seal and ors. Vs. M/S. Delite Builders (P) Ltd.
Court: Kolkata
Decided on: Aug-04-2010
The plaintiffs instituted the suit on 13 May 2008 claiming the following relief: (a) A decree for recovery of khas possession of the suit premises from the defendant of the lease hold portion of the suit property at 107/1, Park Street, Kolkata 700 016 under P.S. Park Street, as mentioned in the Schedule below by evicting the defendant and/or men, agents, assigns, representatives and sub-lessees as the case may be from the suit property; (b) A decree for money for a sum of Rs.5,59,19,874/- being the outstanding arrear rates and taxes of the Kolkata Municipal Corporation, along with further claim of the Kolkata Municipal Corporation, which will accrue on such arrear taxes; (c) A decree for damages calculated @ Rs.10,000/- per day from the date of service of notice of termination of lease till the date of recovery of khas possession of the entire suit property under the defendant company; (d) Receiver; (e) Attachment before judgment; (f) Injunctions; (g) Costs and/or incidentals; After in...
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