Kolkata Court September 2010 Judgments
indusind Bank Ltd. Vs. Dipak Raha and anr.
Court: Kolkata
Decided on: Sep-21-2010
The Court : I have examined the report of the Receiver dated 21stSeptember,2010.In terms of the order dated 2nd September, 2010 he has duly taken possession ofone Volvo Bus, which was the subject matter of the agreement. According to the reportsome windowpanes have to be reassembled in the bus. These windowpanes were openedat the time of repair of the bus.Arbitration has already commenced. In spite of two affidavits of service havingbeen filed, none appears for the respondents. Therefore, in the circumstances, I directthe Receiver to sell the Volvo Bus upon giving another notice to the respondents, at thebest available price.After deducting the expenses of sale and his further remuneration assessed at700 GMs., the Receiver will hand over the proceeds to the petitioner. The petitioner willkeep the sale proceeds in a separate interest bearing account to the credit of thearbitration.This exercise should be completed within a period of three months from date. TheReceiver will file accounts...
Tag this Judgment!Vivek Murarka and anr. Vs.The Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Sep-21-2010
The Court : It is submitted by the learned counsel appearing on behalf of the petitioners that a statutory appeal bearing MAA No.919 of 2010 is pending before the Municipal Assessment Tribunal. The subject matter of challenge in the above appeal is the order of annual valuation of dated October 22, 2009 in respect of flat no.6B, 6th Floor, Tower-C, 96 Garden Reach Road, Kolkata-700023. It is further submitted by him that the petitioners are under obligation to pay up to date property taxes for getting the above appeal ready for hearing. According to the petitioner, the writ application can be disposed of with a direction upon the respondent corporation to accept the up to date property taxes in respect of the flat in question subject to adjustments. No objection is raised on behalf of the respondent corporation with regard to the above submissions. I direct the respondent corporation to accept up to date property taxes in respect of the premises in question from the petitioners subject...
Tag this Judgment!Magma Fincorp Ltd. Vs. M/S. a S K Transport and ors.
Court: Kolkata
Decided on: Sep-21-2010
The Court:-Leave is granted under Clause 12 of the Letters Patent subject to the question of its requirement. This application is moved ex parte, on the ground that if notice of this application is given to the respondents they will immediately remove the subject matter of the agreement mentioned below, out of reach of the Court. This is a Section 9 application arising out of a hire purchase agreement containing an Arbitration Clause. There is substantial default alleged in payment of installments. The subject matter of the agreement is 10 trucks. The claim in this application is against nine trucks. The dues as of date was about Rs.55,71,623/=. Therefore, on the above prima facie case, I pass an order in terms of prayers (a) and (b) of the petition. Prayer (a) of the petition is being limited to symbolic possession only for the time being. I appoint Mr.Somnath Saha, Bar Association Room No.4, Advocate as Receiver at an initial remuneration of 1000 GMs. to be paid by the petitioner to ...
Tag this Judgment!Tenanys' Association And Ors. Vs. Narayan Kumar Bhojnagarwala And Ors.
Court: Kolkata
Decided on: Sep-21-2010
The Court : By this contempt application the petitioners have alleged violation of the order dated 22nd October, 2009. The case of the petitioners is that by order dated 22nd October, 2009, an undertaking was given by the occupants of flat no.9B that no motor cycle will be parked in the common area of the said building. In spite of such undertaking, the alleged contemnor nos.5 and 6 have continued to park their motorcycles in the common area. Hence the instant application has been filed and orders sought. Counsel for the alleged contemnor respondent nos.1 to 4 submits that no undertaking was given by them and the said premises divided into commercial and residential establishments. The ground floor and the first floor are commercially exploited while the second and third floor is used for residential purposes. The said premises has two entrances. One of which is used by the occupants of the commercial establishment and the other which is used by the residents of such premises. The area...
Tag this Judgment!Usha Jalan Vs. Shakyntala Devi Pasari and ors.
Court: Kolkata
Decided on: Sep-21-2010
The Court : This is a second application in a suit for partition brought by a daughter of the person to whom the joint assets are traced. The plaintiff is a daughter of Babulal Pasari, deceased, and the first defendant and says that she is entitled to share in the assets and properties of Babulal Pasari along with her mother and her brothers and sister. On the plaintiffs earlier interlocutory application an order was made on August 19, 2009 directing the parties to maintain status quo as regards the bank account of the defendant nos.7 and 8 in respect of Rs.50 lakh and Rs.1.44 crore maintained with Karur Vysya Bank, Shakespeare Sarani branch. Status quo was also directed to be maintained in respect of the movable property and immovable properties of Babulal Pasari. A Receiver was appointed to take symbolic possession of a locker with Vijaya Bank at its Park Street branch. Such order of August 19, 2009 was carried in appeal which was disposed of on August 28, 2009 by modifying the order...
Tag this Judgment!Fixopan Management Pvt. Ltd. and ors. Vs. the New India Assurances Com ...
Court: Kolkata
Decided on: Sep-21-2010
The Court: In this application under Chapter XIIIA of the Rules on the Original Side of this Court, the plaintiff seeks a decree for eviction. The plaintiffs case is that one Guha Trust Estate was the erstwhile owner of the property in question at Ganesh Chandra Avenue which was subsequently sold to one Mangal Finance Limited and Mangal Finance Limited, in turn, sold the property in or about the last week of May, 1996 to the three plaintiffs. The plaintiffs claim to be companies under a common management and equally entitled to the premises. The plaintiffs rely on an unregistered deed of lease executed in the year 1991 between Guha Trust Estate and the defendant. The tenure under the unregistered document was to be with effect from the year 1985 and the lessor apparently granted a lease with effect from 1985 for a period of 21 years in respect of the immovable property under the occupation of the defendant. The case made out in the plaint is that the period of the lease expired by effl...
Tag this Judgment!Srei Equipment Finance Pvt. Ltd. Vs. M/S.Khubi Construction and ors.
Court: Kolkata
Decided on: Sep-21-2010
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 31st December, 2007 between the petitioner and the respondent no.1. The subject matter of the agreement is machinery, the value of which is Rs.1,79,00,000/-. Due to default in payment of instalments by the respondents, the petitioner terminated the agreement on 24th June, 2010. The dues of the respondents towards the petitioner as on 8th June, 2010 was Rs.92,58,664/- An 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 [f] of the petition. I appoint Mr.Sudipta Mallick, 6 Old Post Office Street, Advocate as Receiver at an initial remuneration of 700 GMs. to be paid by the pe...
Tag this Judgment!Union of Indnia Vs. C E M E N T O N E
Court: Kolkata
Decided on: Sep-21-2010
The Court : This is consideration of the application for the purpose of its admission. The question is whether it was filed beyond 120 days. The award was made and published on 27th September, 2006. According to the learned counsel for the respondent, learned Arbitrator had authorised its advocate to serve copy of the award on the petitioner. Such award was so served on the petitioner on 10th October, 2006. However, it is on record that the Arbitrator sent a signed copy of the award to the petitioner, which was received by them on 13th November,2006. It is contended by Mr. Ghosh that service was complete in 10th October, 2006. Hence, this application is barred by limitation, being beyond 120 days of such date. I am unable to accept this contention. The Arbitration and Conciliation Act, 1996 enjoins the Arbitrator to send a signed copy of the award and time runs from the date of receipt of such award to make an application to set aside the award. This application was filed on 6th March,...
Tag this Judgment!Smt. Padma Halder and ors. Vs. the Board of Trustees for the Port of C ...
Court: Kolkata
Decided on: Sep-21-2010
The Court : This writ application is filed by the petitioner for a direction upon the respondent no.1 for allowing the petitioner to come to the Government definition of pay from the post definition of pay in connection with the family pension to the petitioner arising out of the service of her deceased husband Habul Ch. Holder, who was an employee of respondent no.1. Today, it is submitted by the learned counsel appearing on behalf of the respondents that by order dated September 15, 2010 passed by the respondent no.5, the family pension payable to the petitioner in Pension Case No.9687C/A is allowed in Government line in accordance with the Government directive conveyed by letter No.A-38011/7/87-PE.I dated August 13, 1990. It is further submitted that by virtue of the above order the family pension has already been fixed extending the dearness relief thereon in accordance with law. It is further submitted that action is being taken to remit the arrear arising thereon to the bank acc...
Tag this Judgment!Pressman Communications Ltd and ors. Vs. Pressman Properties Ltd.
Court: Kolkata
Decided on: Sep-21-2010
The Court : Leave is granted to correct prayer (h) by substituting Section 394(2) by 394(1). Two usual observations have been made in the affidavit of the Central Government. The first is with regard to accounting standard 14. Learned Counsel for the petitioner assures the Court that such accounting standard would be adhered to. On such assurance and condition the above observation is overcome. The second observation is with regard to pendency of prosecution against the transferee company. Such prosecution may continue as it has not been shown how that could prevent sanctioning of the scheme. Therefore I allow the application by passing orders in terms of prayers (a) to (k). In the event the petitioners supply a legible computerised print out of the scheme and the schedule of assets in acceptable form to the department, the department will append such computerised print out, upon verification, to the certified copy of the order without insisting on a handwritten copy thereof. The petit...
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