Kolkata Court August 2010 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sagar Roy Vs. Bata India Ltd.
Court: Kolkata
Decided on: Aug-24-2010
The Court: This is an execution application for enforcement of an interim award dated 2nd of October, 2007. It is submitted that the application for setting aside the award has been dismissed by this Court. The terms of the interim award are as follows:- The tribunal, therefore, passes an interim award for Rs.21,52,697.00 together with interest at 10% per annum commencing from 1st June 2004 on the said sum of Rs.21,52,697.00. Considering the fact that a counter claim of about Rs.1.90 crores is pending adjudication in respect of claim relating to works at the Corporate Office at Gurgaon, it is directed that the claimant will furnish bank guarantee of a nationalized bank for a sum of Rs.12 lakhs (being more than 50% of the claim) before withdrawing the awarded sum in terms of this interim award. The claimant is also directed to keep the bank guarantee for Rs.12 lakhs renewed till the disposal of the arbitration case. If the payment in terms of interim award is not made within three weeks...
Srei Equipment Finance Pvt. Ltd. Vs. Gurudeep Singh and anr.
Court: Kolkata
Decided on: Aug-24-2010
The Court : By the order dated 29th April, 2010, passed by sister, Indira Banerjee, J., the Receiver has taken possession of the vehicle. An award has already been passed on 5th August, 2009. Affidavit of service filed in Court is taken on record. It is submitted that postal endorsement is left. In any event, possession has been taken by the Receiver quite sometime ago and no body has come forward on behalf of the respondents. None appears for them today. In that view of the matter, I direct the Receiver to sell the vehicle at the best available price. The price should first be brought into the account of the Receiver. Before sale, a fresh notice is to be given to the respondents. After deducting the expenses of sale and further remuneration of 1,000 GMs, the Receiver is to hand over the sale proceeds to the petitioner. The petitioner will invest such sum so as to earn the highest rate of interest. The petitioner will be holding such sum to the credit of the arbitration. Such exercise ...
Biplab Mitra Vs. Prasanta Kumar Majumdar and ors.
Court: Kolkata
Decided on: Aug-24-2010
The Court:- Pursuant to the earlier order of this Court, namely dated 19 July 2010, nine newspapers, namely Anandabazar Patrika, The Telegraph, The Statesman, Dainik Statesman (Bengali), Sambad Pratidin, Bartaman, Sakal Bela, Hindusthan Times and Aajkal have written to the Registrar General of this Court and except Aajkal, the above eight newspapers, however, have stated in no uncertain terms that the mistakes were committed in reporting the order dated 12 July 2010 due to inadvertence and for that, they also made subsequent publications acknowledging their mistakes in their respective newspapers apart from apologizing for such mistakes in their respective letters addressed to the Registrar General as well as in their subsequent publications. In fact, on the last two occasions, first Mr. Siddhartha Mitra and then Mr. Anindya Mitra assisted by Mr. Siddhartha Mitra, learned Senior Counsel both appearing on behalf of Anandabazar Patrika and Telegraph respectively, tendered unconditional a...
Monarch Gold Mining Company Ltd. Vs. Hindustan Copper Ltd.
Court: Kolkata
Decided on: Aug-24-2010
The Court :- Instead of taking up the stay petition by consent of the parties the stay petition is treated as appeal and the same is taken up for hearing. This appeal is directed against an order passed by the Trial Court dated 8th July, 2010 when an application was filed by the appellant-petitioner herein before the Trial Court under section 9 of the Arbitration & Conciliation Act, 1996 and the petitioner seeks payment of sums without any amount being deducted from the contract price by the respondent. An agreement was entered into by and between the parties. The facts of the case briefly stated are as follows: A notice inviting tender was issued on behalf of the respondent for extracting copper from the mines and the petitioner appellant became the lowest bidder in respect of the said tender and the contract was awarded in favour of the appellant-petitioner. The work order was issued in favour of the appellant to operate and maintain the Surda Mine and Mosaboni Concentrator Plant for...
Ramgarh Farms and Industries Ltd.Vs. the Registrar of Companies, West ...
Court: Kolkata
Decided on: Aug-24-2010
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 thereunder 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. ...
Jupex Distributors Pvt. Ltd. and ors. Vs. the Registrar of Companies, ...
Court: Kolkata
Decided on: Aug-23-2010
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....
Sri Krishna Cloth Merchants Pvt. Ltd. and ors. Vs. the Registrar of Co ...
Court: Kolkata
Decided on: Aug-23-2010
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....
Eastern Coalfields Ltd. Vs. Deepak Fuel Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Aug-23-2010
THE COURT : Instead of hearing the stay application we are taking up the appeal itself since it has been stated before us that all papers which have been used before the Trial Court have been filed along with the stay application. It appears that the respondents filed a writ petition before the Trial Court inter alia praying for the following reliefs : a) A declaratory order to the following effect: i) Letter dated 17.10.06 is bad and illegal. ii) The writ petitioners are entitled to take delivery of Grade-E ROM (-250 M) Old Stock as per their allotment letter dated 21.07.06. b) A writ in the nature of Mandamus do issue directing the respondents to cancel, rescind and quash the letter dated 17.10.06. c) A writ in the nature of Mandamus do issue directing the respondents to give delivery of Grade-E ROM (-250 MM) Old Stock to the writ petitioners as per their allotment letter dated 21.07.06. Or Alternatively directing the respondents to give refund the coal value for 2000 MT of Grade E R...
Leonard Vanijya Pvt. Ltd. and Orrs. Vs. the Registrar of Companies, We ...
Court: Kolkata
Decided on: Aug-23-2010
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....
Ajoy Bakli Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-23-2010
The Court:- This writ petition was mentioned today for being moved Unlisted Court Application on the ground of urgency involved. Having heard learned Counsel for the petitioner, on being satisfied of urgency involved in this matter, I chose to take up this matter unlisted. At the time when the matter was mentioned by the learned Counsel appearing for the petitioner, I had requested Mr. Deb, learned Counsel, who usually appears for the Food and Supplies Department, Government of West Bengal and had earlier appeared on behalf of the respondents in a proceeding brought by the petitioner himself, to appear in this matter. Mr. Deb, learned Advocate has appeared in this matter when the matter is taken up for hearing. Let his appointment be regularised by the Advocate-on-record, Government of West Bengal. Under challenge in this writ petition is a composite order passed by the Sub-Divisional Controller, Food & Supplies, Kharagpur requiring the petitioner to show cause as to why his appointmen...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »