Kolkata Court August 2010 Judgments
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Waridhi (indnia) Ltd. anr. Vs. the Registrar of Companies, West Bengal
Court: Kolkata
Decided on: Aug-26-2010
The Court : It has been admitted in the affidavit in opposition filed by the Central Government, that the procedure under Section 560 of the Companies Act, 1956, has not been followed before striking off the name of the company from the register of the Registrar of the Companies. Three notices are contemplated in such Section and the Sub- Sections there under before such action can be taken. In view of the above procedural irregularity, the decision to remove the name of the company from the register is set aside. However, this will not preclude the Registrar from taking fresh action in accordance with law, as is available to him. This application is accordingly allowed. Affidavit filed by the Central Government in Court today is taken on record. All parties concerned are to act on a signed photocopy of this order upon the usual undertakings....
L and T Finance Ltd. Vs. Shiba Prasad Das and anr.
Court: Kolkata
Decided on: Aug-26-2010
The Court: The learned Counsel for the respondents has come up with a proposal for liquidation of the dues of the petitioner which is partly accepted by the Court. This Section 9 application is disposed of by the following order:- a) The respondents or any of them will pay a sum of Rs.5 lacs to the petitioner by 3rd September, 2010. b) They are or any of them will keep on paying the petitioner a sum of Rs.2,50,000/- per month commencing from October 2010 and to be paid by the 7th of the month, till the dues of the petitioner are liquidated. c) The interest will be calculated on reducing balance principle in accordance with the agreement. d) In default of the initial payment or any one installment, the petitioner will have the right to apply for vacation of this order and for placing AP No.394 of 2010 in the list for taking actual physical possession of the equipment. e) The petitioner will submit monthly accounts to the respondents. However, the order of injunction is confirmed. The re...
Md. Nazir Ghoshi Vs. Sundaram Finance Ltd.
Court: Kolkata
Decided on: Aug-26-2010
The Court: This is a Section 9 application by the hirer. This application arises out of a hire purchase agreement, the subject matter of which is a truck. It contains an arbitration clause. An arbitrator has already been appointed. It is submitted by the petitioner that the respondent financier has taken possession of this vehicle without the intervention of the Court, alleging default. As of today, according to the petitioner hirer the dues are Rs.94,100/- whereas according to the financier it is about Rs.3,15,750/- Another dispute is raised. It is said that the installments for August, September, and October are also included in this figure of Rs.3,15,750/-. Considering the above case I dispose of this Section 9 application with the following order:- a) The petitioner will pay the admitted amount of Rs.94,100/- by 27th of August, 2010. b) Upon receipt of such payment the respondent financier will release the vehicle to the petitioner within 24 hours thereof. c) The petitioner will se...
Sasanta Sasmal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-26-2010
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...
Sumita Mondal (Bose) Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-25-2010
The Court: - Undoubtedly, the petitioner, Sumita Mondal (Bose) has a very good academic career, this is evident from the statement of marks obtained by the petitioner in different examinations, namely Madhyamik, Higher Secondary, B. Sc. Part I, B. Sc. Part II, M. Sc. Part I, M. Sc. Part II, M. Phil and NET. The petitioner pursuant to an advertisement published by the West Bengal College Service Commission (Commission, in short) applied for a post of lecturer in Anthropology within the zone of Calcutta University. Pursuant to the above, the petitioner appeared for an interview on 7 August 2007 for the above post reserved for scheduled caste category as the petitioner belongs to such category.On 18 January 2008, a panel was published by the Commission where the petitioner figured as the fourth empanelled candidate of a panel of four. First three empanelled candidates were recommended for lectureship but the Commission did not recommend the name of the petitioner as the petitioner happene...
Dipak Kr. Himatsingka Vs. Jyotsana Rajgarhia
Court: Kolkata
Decided on: Aug-25-2010
The Court :- At the time of hearing of this appeal we granted leave to file this application under order 41 Rule 27 of Code of Civil Procedure. An application was filed by the appellant at the time of filing of this appeal. We directed that the said application will be heard out along with the appeal. Since none appears on behalf of the respondent in spite of giving several notices on them and the affidavit of service to that effect has also been filed before us which may be kept on record. We have taken up the hearing of the said application. The following prayers are made in the application:- a) Stay of the Judgment and Order dated 10th October, 2002 passed in G. A. No. 4513 of 1999, PLA No. 17 of 1987. b) Leave be granted to the petitioner to adduce by way of additional evidence the documents referred to in paragraphs 11 and 14 above. c) Ad- interim order in terms of above prayers. d) Such further and/or other order or orders be passed and/or direction or directions be given as this...
Srei Equipment Finance Pvt. Ltd. Vs. M . Babu and anr.
Court: Kolkata
Decided on: Aug-25-2010
The Court : Leave is granted under Clause 12 of the Letters Patent subject to the question of its requirement. This is a post award Section 9 application. 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. It is submitted that the time to file execution application has not matured as yet. It is apprehended that before such time arrives the respondents will transfer or part with possession of the subject matter of the hire purchase agreement which is an excavator. Considering the above prima facie case, I appoint Mr. Sandipto Bose, Advocate, Bar Association as Receiver at an initial remuneration of 700 GMs to be paid by the petitioner. I also pass orders in terms of prayers (a) and (b) of the petition. The Receiver will be at liberty to appoint an agent but must exercise full control over such agent. The local police authority is directed to render necessary assistance to th...
Citicorp Finance (India) Ltd. Vs. Charan Sharma and anr.
Court: Kolkata
Decided on: Aug-25-2010
The Court : Affidavit of service filed in Court is taken on record. None appears for the respondents. It is stated that the respondents are very evasive in their disclosure of the location of the vehicles. Hence the Receiver could not carry out the order dated 28th July, 2010 and subsequent orders. Accordingly, I direct the respondents to immediately make such disclosure to the Receiver within 48 hours of communication of this order to them, failing which appropriate action will be initiated against them. I make this application returnable on 13th September, 2010 by when the Receiver shall file a comprehensive report. The Receiver is to be paid further ad hoc remuneration of 700 GMs. Liberty to mention in case the respondents do not disclose. Receiver and all parties concerned are to act on a signed photocopy of this order on the usual undertakings....
Shivam Suppliers Pvt. Ltd. Vs. Kannunga Extrusion Pvt. Ltd.
Court: Kolkata
Decided on: Aug-25-2010
The Court: A meeting of the Equity share holders of the Shivam suppliers Pvt. Limited, the Transferor Company shall be convened and held at 6 Old Post Office street, Fourth Floor, Room No: 93A Calcutta 700 001 on 24th September 2010 at 2.30 P.M. for the purpose of considering and if thought fit, approving with or without modification the proposed scheme of amalgamation between the Transferor Company with the Transferee Company. KANUNGA EXTRUSION PRIVATE LIMITED, the transferee company having registered office at Bangalore shall file a separate application for an order to convene a separate meeting of the Equity share holders of the said transferee company for the purpose of considering and if thought fit, approving with or without modification to the proposed scheme of amalgamation between the Transferor Company with the Transferee Company. At least twenty one days before the meeting to be held as aforesaid the notice convening the said meeting at the place and time as aforesaid togeth...
M/S. P.K.Ghosh and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-25-2010
The Court : In this writ petition the petitioners have sought orders on the concerned respondents to renew the super Kerosene Oil Agency licence of the partnership firm M/s. P.K. Ghosh, under the provisions of the West Bengal Kerosene Control Order 1968. The agency licence was originally granted to Prafulla Kumar Ghosh, since deceased, father of the Petitioner No.2 and the Respondent No.6 who carried on business as proprietor of M/s. P.K. Ghosh. After the death of Prafulla Kumar Ghosh, his wife Barsha Ghosh, Mother of the petitioner no.2 and the respondent no.6, carried on the agency business as sole proprietor. After the death of Barsha Ghosh a partnership firm under the name and style of M/s. P.K. Ghosh was constituted with the petitioner no.2 and the respondent no.6 as partners. The petitioner no.2 has 70% share in the partnership and the respondent no.6 has 30%. The respondent no.6 allegedly managed the partnership by reason of prolonged illness of the petitioner no.2. Disputes aro...
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