Court : Kolkata
The Court : Learned Counsel for the Kolkata Municipal Corporation submits that as directed by this Court, the Municipal Commissioner has prepared necessary report which is voluminous. He would like to go through it and satisfy himself and then tender before Court for which time may be granted. Learned Counsel for the petitioner submits that copy of the report be directed to be furnished to him so that he can assist the Court. Let the report be filed in this Court after two weeks. Thereafter this Court would pass appropriate orders. Time to file affidavit-in-reply stands extended by two weeks. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities....
Tag this Judgment!Court : Kolkata
The Court :- In spite of service of notice none appears for the respondent. Let the affidavit of service filed in Court to-day be kept on record. It appears that this application has been filed for appointment of an Arbitrator. The facts of the case briefly are as follows: The petitioners father and his two uncles were entered into an agreement with the first respondent on 21.03.1996 for the purpose of development of the premises No. 12B, Ganga Prasad Mukherjee Road, Bhowanipore, Kolkata 700 0025.The petitioner claimed that the first respondent was required to develop the property and make over three several flats consisting of 625sq meter approximately as well as two garage space to the petitioners father and also to the said two uncles, who are the preformed respondents in this application. It is also a term of the contract that in case of handing over the ownership to the petitioner or to his uncles the petitioner and the proforma respondents can claim damages at the rate of Rs.50/-...
Tag this Judgment!Court : Kolkata
THE COURT : There shall be an order in terms of prayer (a) of the application. This appeal is preferred against the order of the learned single Judge who has directed the petition of winding up to be admitted on certain terms and conditions after hearing the parties. Operative portion of the order reads as under : . . . The result is that the petition is entitled ex debito justitiae to have its petition admitted. CP No. 483 of 2009 is admitted in the principal sum of Rs.7,77,980.80 together with interest at the rate of 9 per cent per annum from the date of the decree till payment. If the company furnishes security for such amount, inclusive of interest, in favour of the Registrar, Original Side, and pays costs assessed at 5000 GM to the petitioner within a fortnight of the petitioners written demand enclosing an authenticated copy of this order, the petition will remain permanently stayed. In the event such security is presented, the Registrar will invest the same by way of a fixed de...
Tag this Judgment!Court : Kolkata
The Court : By this application, the defendant in a suit alleging infringement of copyright has prayed for stay of operation of the order impugned in this appeal by which the Learned Single Judge passed an ad interim order of injunction restraining the present appellants from incorporating three particular sons mentioned in the order impugned or the publicity and other material relating thereto and depicting the title of the said film in the same symbolized form as the plaintiffs original film `Ogo Bodhu Sungari. After hearing the learned Counsel for the parties and after going through the materials on record, we are of the view that before decision of the appeal on merit there is no just reason of varying the interim order granted by the Learned trial Judge. We propose to hear out the appeal in the next week. Learned Counsel for the appellants is directed to prepare requisite number of informal paper books containing all relevant papers and documents used in the trial Court along with...
Tag this Judgment!Court : Kolkata
The Court : As directed by us, the petitioner has placed today the report in respect of the insecticides in question which, according to the petitioner, is ineffective. The same is taken on record. Respondent Union of India is directed to get the report examined through the Respondent No.4 National Institute of Malaria Research. The petitioner is directed to send a copy of the report direct to the Respondent No.4 so that time is saved in obtaining their response. Learned counsel appearing for the Union of India wants further time to file affidavit in the matter. We may record that on 30th July 2010 similar request was considered by this Court and time was granted to file Affidavit-in-opposition but it appears that the concerned officer of the Respondent No.3 has not yet finalized the draft affidavit-in opposition. We make it clear that if no affidavit-in-opposition is filed within a period of four weeks from date, we will be constrained to summon the Officer-in-charge in the matter to ...
Tag this Judgment!Court : Kolkata
The Court :-The petitioners in this art.226 petition dated August23, 2010 are questioning the notice of Oriental Bank of Commerce dated April 26, 2010 (at p.83) issued under section 13(2) of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the possession notice dated August 9, 2010 (at p.91) issued under section 13(4) of the Act. The Bank previously issued a section 13(2) notice dated January 22, 2010. The petitioners objection to the notice was turned down and notice under section 13(4) was issued. Feeling aggrieved the petitioners appealed to the Debts Recovery Tribunal under section 17 of the Act. During pendency of the appeal the Bank issued a letter dated April 26, 2010 (at p.82) cancelling the previous section 13(2) notice and issuing the second section 13(2) notice dated April 26, 2010. In their objection dated May 21, 2010 (at p. 85) the petitioners questioned the jurisdiction of the Bank to issue the second section 13(2...
Tag this Judgment!Court : Kolkata
A comprehensive report has been submitted by Mr. Soumya Majumdar, learned Special Officer appointed by this Court. This report broadly confirms the content of the report of the Director General (Building), Kolkata Municipal Corporation as regards position of the subject premises. I find from the report that the part of the building which collapsed is not in occupation of any occupier other than the owner. The petitioner shall be at liberty to apply for an order of demolition before the Kolkata Municipal Corporation in respect of that part of the building and if such an application is made, appropriate direction shall be issued by the Kolkata Municipal Corporation as early as possible but not later than six weeks from the date of submission of such application. As regards the part of the building which requires repair, Mr. Behani, learned senior counsel appearing for the corporation apprises this Court that independent sanction is necessary from the Kolkata Municipal Corporation. The pe...
Tag this Judgment!Court : Kolkata
It appears that a letter dated 26th April, 2010 was issued to the petitioner offering permanent stage carriage permit to the petitioner to operate a stage carriage on route no. K-5 from Salt Lake Labani to Joka, as specified in paragraph 2 of the petition, subject to compliance with the terms and conditions in the said offer letter. In terms of the said offer letter, the petitioner was required to procure a Bharat Stage III compliant vehicle of 2008 model. The petitioner claims to have obtained loan from Bangiya Gramin Vikash Bank for purchase of the vehicle. The petitioner apparently purchased the vehicle. The registration fee appears to have been deposited on 28th July, 2010 within the period of validity of the letter of offer. The letter of offer was valid till 31st July, 2010. In terms of West Bengal Motor Vehicles Rules, 1989, in particular rule 141, the Transport Authority is empowered to extend the time for production of vehicle in terms of the offer letter for such period as it...
Tag this Judgment!Court : Kolkata
The Court : It is submitted today that although the Receiver has visited the possible location of the equipment on two occasions, its location could not be ascertained. The respondents were not available at their place of residence. In that view of the matter, I direct the respondents to inform by letter the whereabouts of the vehicle to the Receiver within a week from the date of communication of this order, failing which appropriate measures have to be taken by the Court. List this application once again in the same position on 9th September, 2010. The report of the Receiver to this effect filed in Court today be taken on record. All parties concerned are to act on a signed photocopy of this order upon the usual undertakings....
Tag this Judgment!Court : Kolkata
The Court :-The respondent-borrower has come up before this Court for discharge of the order dated 19th July, 2010. Their submission is that cheques worth Rs.5,45,800/= were advanced by them to the petitioner-financier but were not encashed by them. This is disputed by the petitioner-financier. But, what is more important is that it is admitted by both the parties that the above amount is due and payable now under the subject hire purchase agreement. Accordingly, I pass the following interim order: a) The petitioner-financier will immediately hand over the above cheques if available with them to the respondent-borrower. The respondent2 borrower will immediately stop payment of the above cheques concurrently. b) Thereafter, a fresh cheque/cheques for Rs.5,45,800/= will be issued by them in favour of the petitioner-financier. c) This exercise should be completed by 3rd September, 2010. The Receiver for the time being will make an inventory of the vehicle only and file a report before thi...
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