Kolkata Court September 2010 Judgments
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L and T Finance Ltd. Vs. Sudarshan Moharana and anr.
Court: Kolkata
Decided on: Sep-13-2010
The Court : I have examined the report of the Receiver filed in Court today, which was taken on record. It appears from the report that the Receiver could locate the respondent No.1, but not the equipment. In that view of the matter, at the suggestion of the learned Counsel for the petitioner, this application is disposed of by confirming the order of injunction already passed in this matter. The Receiver himself or through an agent will be entitled to take actual physical possession of the equipment, as and when the same is located. In that event such Act must be ratified by the Court within a period or two weeks from such date. This application is accordingly disposed of. All parties concerned are to act on a signed photocopy of this order upon the usual undertakings....
East Coast Promoters Pvt. Ltd.. Vs. the Registrar of Companies, West B ...
Court: Kolkata
Decided on: Sep-13-2010
The case of the petitioner is like this. It took over the company in 2001. When they took over the company they were not informed that the erstwhile controller of the company had applied before the Registrar of Companies to strike off its name from the Register. Such name, according to the records, was struck off in 2002. However, documents were accepted by the Registrar of Companies upto 2007. None appears for the Central Government even at the second call. A copy of their proposed affidavit has been handed over to me for perusal by the learned counsel for the petitioner. Such copy affidavit is kept with the record. I think, in the above circumstances, this company should be given a chance to revive. Therefore, I dispose of this application by directing the Registrar of Companies to consider the case of the petitioner afresh, I set aside the order deleting the name of the company from the Register. Such consideration will be made by the Registrar by giving an opportunity of hearing to...
L and T Finance Ltd. Vs. Ranjit Rana and ors.
Court: Kolkata
Decided on: Sep-13-2010
The Court: According to the petitioner the dues are Rs.19,93,400/- as on date. Learned Counsel for the respondents submits that there is some outstanding. That the figure above is the amount is not immediately admitted by them. But they propose to pay off this amount by installments without prejudice to their rights and contentions in arbitration. Therefore, this application is disposed of by the following order:- a) The above sum will be paid off by the respondent in nine equal monthly instalments. Each instalment will be paid by the 7th of the month beginning from October, 2010. b) The claim for interest payable on the said sum during the period of payment of instalments is kept open before the arbitrator. c) In default of payment of any instalment, the petitioner will be at liberty to take out a fresh Section 9 application praying for actual physical possession of the equipment. d) The order of injunction will however continue till disposal of the arbitral reference. I do observe th...
M/S. Devi Spat Ltd and anr. Vs. Ramanath Pradeep and ors.
Court: Kolkata
Decided on: Sep-13-2010
The Court : The alleged contemnors have taken a technical stand which, however undesirable it may be, cannot be addressed in this quasi-criminal jurisdiction. There is a sense of propriety and the awareness of the extent of authority of Court that a Judge must be mindful of for the majesty of this institution to be upheld. Evidently, the officers of the concerned nationalized bank and the individual contemnors have no regard for such things. The order which is said to have been defied is one passed at the final hearing of a petition under Article 226 of the Constitution. The writ petition was allowed in circumstances which need to be briefly noticed. The writ petitioner company was required by the respondent bank to clear its dues to the bank for no apparent reason that had been proffered by the bank. The writ petitioner company availed of credit facilities from another bank on the strength of a certificate issued by the respondent bank to clear this banks dues and this bank issued a s...
Rudra Jyoti Bhattacharjee and ors. Vs. Union of India and ors.
Court: Kolkata
Decided on: Sep-10-2010
THE COURT : Let the supplementary affidavit filed on behalf of the petitioners Rudra Jyoti Bhattacharjee & Ors. in W.P. 2003 of 2006 as well as the supplementary affidavit filed on behalf of Ashim Kumar Ganguly & Anr. In W.P.No.27541(W) of 2006 be taken on record. Learned Additional Solicitor General has placed before us a communication dated 6th September, 2010 addressed to him by the Ministry of Home Affairs, Government of India, along with a Fax message dated 3rd September, 2010 wherein the Ministry of Home Affairs has specifically denied having given any clearance in respect of the matter raised in the news item which appeared in the Pune Times on 18th August, 2010. It is also submitted that the facts have also been ascertained by the Ministry of External Affairs from their Mission in Tokyo who have conveyed that the article is farfetched and not based on facts. Let the communication dated 6th September, 2010 along with the Fax message dated 3rd September, 2010 be taken on record. ...
Subhas Chandra Bose Vs. Union of India and ors.
Court: Kolkata
Decided on: Sep-10-2010
THE COURT : Let the supplementary affidavit filed on behalf of the petitioners Rudra Jyoti Bhattacharjee & Ors. in W.P. 2003 of 2006 as well as the supplementary affidavit filed on behalf of Ashim Kumar Ganguly & Anr. In W.P.No.27541(W) of 2006 be taken on record. 2Learned Additional Solicitor General has placed before us a communication dated 6th September, 2010 addressed to him by the Ministry of Home Affairs, Government of India, along with a Fax message dated 3rd September, 2010 wherein the Ministry of Home Affairs has specifically denied having given any clearance in respect of the matter raised in the news item which appeared in the Pune Times on 18th August, 2010. It is also submitted that the facts have also been ascertained by the Ministry of External Affairs from their Mission in Tokyo who have conveyed that the article is farfetched and not based on facts. Let the communication dated 6th September, 2010 along with the Fax message dated 3rd September, 2010 be taken on record....
independent Journalist Socitey and anr. Vs. the State of West Bengal a ...
Court: Kolkata
Decided on: Sep-10-2010
THE COURT : Heard learned counsel for the applicant. Counsel for the writ petitioners has no objection to the prayer for the applicant being added as party 2 Respondent in the matter. Mr. Boses client, therefore, be added as party respondent and we permit them to intervene in the matter. Co-respondents having any conflict of interest with Mr. Boses client, are at liberty to file their respective affidavits on or before the next date of hearing, bringing all the facts on record. Re : W.P. 104 of 2010 Parties are directed to file their respective affidavits in the matter and exchange their pleadings on or before the next date of hearing. The matter has already been directed to be listed on 1st October, 2010. It is made clear that regarding filing of affidavits, no further time would be granted in the matter. The learned advocate-on-record for the writ petitioners is directed to correct the cause title of the writ petition and update it as on today. Certified photostat copy of this order...
State of West Bengal Vs.Union of IndiA.
Court: Kolkata
Decided on: Sep-10-2010
THE COURT : Registrar, Original Side of this Court is directed to place before this Court original records of the proceedings along with all the Orders passed by the Court from time to time in the matter on the next date of hearing. Let this matter be listed for hearing on 1st October, 2010. In the meantime, Registry is directed to issue certified copies of the Writ petition as well as copies of all the Orders passed from time to time by the Court in the matter to the learned Advocate General in order to enable him to assist the Court. Learned Advocate General assures the Court that upon receipt of copies of the writ petition as well as copies of the orders, he will supply the same to the counsel appearing for the Special Officer. Certified Photostat copy of this order be made available to the parties upon compliance of usual formalities. ...
Kalabati Devi Gupta Vs. Cesc Ltd. and anr.
Court: Kolkata
Decided on: Sep-10-2010
The Court : The petitioner in this art. 226 petition dated September 8, 2010 is seeking an order quashing the bill dated August 16, 2010 (at p. 12) raised by CESC demanding, inter alia, a security deposit and a mandamus commanding CESC to reconnect her supply of electricity. Admittedly, the petitioner did not pay the bill raised by CESC for consumption of electricity. Consequently CESC disconnected her supply of electricity. She approached CESC for reconnection of her supply. Under the circumstances, CESC raised the bill dated August 16, 2010. Ms. Agarwal, counsel for the petitioner, submits as follows. The petitioner previously paid around Rs.1 lac as security deposit, and hence there was no valid reason to ask her to pay a further sum of around Rs.1.5 lac as security deposit. Mr. Rai, counsel for CESC, submits as follows. The security deposit is revised from time to time keeping in mind the revision of tariff and the amount mentioned in the bill dated August 16, 2010 has been determi...
The Kalkatta Municipal Corporation and ors. Vs. Dlf Hilton Ltd and anr ...
Court: Kolkata
Decided on: Sep-10-2010
The Court : Heard the learned Advocates appearing for the parties. This is an application under Section 5 of the Limitation Act. Admittedly, there is delay for 191 days. This application has been opposed by the respondents. Reason for condoning the delay has been assigned in different paragraphs, gist of which is consultation with different lawyers for their opinion to prefer appeal. It is a real fact that for individual litigant that decision to prefer appeal is based on his own opinion and so far as the statutory body is concerned for preferring an appeal it requires different transactions with the officials and consultation with the lawyers etc., a time consuming process. Be that as it may, now so far as the merit in question prima facie we are of the view that maintainability of the writ application has been assailed in this appeal on the premise that without availing the statutory appellate forum assailing the order of the Hearing Officer relating to the assessment of property tax...
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