Kolkata Court September 2010 Judgments
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M/S. Shree Ganesh Laminates Pvt. Ltd. and ors. Vs. the Board of Truste ...
Court: Kolkata
Decided on: Sep-03-2010
Affidavit filed by the petitioner no.1 shall be retained with the records alongwith the other affidavits filed by petitioner nos.2 to 9. It appears from the affidavit filed by the petitioner no.1 (paragraph 15 and its several sub-paragraphs) that an amount of Rs.11,31,225.5 has been paid to the Port Trust by Pay Orders. The Port Trust shall be entitled to receive the same and to encash the Pay Orders without prejudice to its rights and contentions in this petition. List this writ petition on 10th September, 2010. On that date, Mr. Jena shall inform the Court the balance dues as on 31st August, 2010 in respect of not only the petitioner no.1 but also the petitioner nos.2 to 9. Since the petitioner no.1 has paid Rs.11,31,225.5, it shall not be evicted without obtaining leave of Court. This Court shall pass further orders directing the petitioners to pay any further amounts after hearing the parties on that date. ...
M/S. Kero Rajendra Monolithics Ltd. (In Liquidation) Vs. Dr. Nabendra ...
Court: Kolkata
Decided on: Sep-03-2010
The Court: The accused nos. 1 to 5 have filed statement of affairs with which the Official Liquidator is satisfied. Therefore, complaint proceedings against them are dropped. As far as the accused no.6 is concerned, I am not at all satisfied that he was not a director of the company at the time when the company was wound up. It has been specifically stated by the Official Liquidator in paragraph 6 of his affidavit that it is evident from the Annual Return filed up to September 2004 which is made available with the office of the Registrar of Companies the name of the Applicant is appearing as director of the Company during the relevant period. As such the applicant had to submit the Statement of Affairs of the Company (In Liquidation) with Official Liquidator but the Applicant declined to submit such Statement of Affairs. Nothing has been shown to controvert this fact. Therefore, the accused no.6 is directed to file a statement of affairs forthwith within three weeks from date following...
ifb Finance Ltd. (In Liqn.) Vs. the Official Liquidator.
Court: Kolkata
Decided on: Sep-03-2010
The Court: This company was wound up in 2001. It is submitted by the Official Liquidator it has no worthwhile assets. Prosecution was being continued by this Court against accused no.4, 5, and 6 for non-filing of statement of affairs. It seems that the Court has made a long exercise to bring the accused to justice. Directions have been made to the Director General of Police and to the Secretary Ministry of Home affairs to apprehend the accused. From the recent letter of the Director General and Inspector General of Police, West Bengal dated 17th August, 2010 to the Home Secretary, Government of India it appears that they are in the same position as they were when orders were passed to search out the accused. The Official Liquidator says that nine years having passed since the winding up of the company. The company having no significant assets whatsoever, there is no point in continuing the exercise. I think he is perfectly right. In those circumstances, this complaint proceeding is dro...
Debsons Pvt Ltd. Vs. Ashoka Ghose and ors.
Court: Kolkata
Decided on: Sep-03-2010
The Court : There will be an order in terms of prayer of the application. Instead of taking up the stay application, by consent of parties, we take up the appeal. This appeal is directed against an ad-interim order dated July 22, 2010 whereby the learned Single Judge was pleased to appoint a Special Officer for the purpose of making surprise inspection of the premises without notice to either party. It appears that a suit has been filed in this Court in the year 1978 by the respondent/plaintiff, inter alia, for ejectment of the defendant i.e. the appellant herein and for delivery of khas possession of the suit premises described in Annexure-A to the plaint. The said suit is still pending for adjudication. Written statement has also been filed in the said suit. Thereafter, from time to time certain applications were filed before this Court and orders were also passed from time to time. It appears that the plaint was amended on 28th August, 2001 to the extent that the defendant without t...
Fantastic Construction Limited Vs. Vincent (India) Limited
Court: Kolkata
Decided on: Sep-02-2010
There is only one observation made by the Central Government with regard to the scheme. That this with regard to the Accounting Standard 14. Learned Counsel for the petitioner assures the Court that such Accounting Standard 14 would be adhered to. On such assurance and condition I allow this application by passing orders in terms of prayers (a) to (k). In the event the petitioners file a computerized print out of the scheme under the schedule relating thereto in acceptable form, the Department will append such print out to the certified copy of the order sanctioning the scheme without insisting on a hand-written copy thereof. The petitioner will pay costs assessed at 200 GM to the Central Government. All parties are to act on a signed photocopy of this order on the usual undertakings ...
Swapan Chatterjee Vs. Hdfc Bank Ltd.
Court: Kolkata
Decided on: Sep-02-2010
The Court : Learned Counsel for the petitioner submits on instruction that his client wants to withdraw from this application on account of some technical defect. The technical defect is that this Court does not have pecuniary jurisdiction. In such circumstances, the petitioner is allowed to withdraw from this application with liberty to file a fresh application in respect of the same cause of action. Therefore, this application is to be treated as dismissed on the ground that it is not pressed. Leave is given to the Advocate on record for the petitioner to take back the award from the Registry. The time during which this application was pending before this Court is to be excluded under Section 14 of the Limitation Act in calculating the period of limitation. All parties concerned are to act on a signed photocopy of this order upon the usual undertakings....
L and T Finance Ltd. Vs. Sukrit Concrete Product Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Sep-02-2010
The Court: The respondents are represented by Counsel. The report filed by the Receiver in Court today is accepted. It is stated that the order could not be complied with, as the vehicle was 300 Kilometers away from the location where the Receiver was taken. Mr. Tiwari assures the Court that full cooperation will be extended by his clients to carry out the order dated 13th July, 2010. Therefore, list this application on 27th September, 2010 when a fresh report is to be filed by the Receiver after carrying out the aforesaid order. The Receiver will be paid a further remuneration of 700 GMs. by the petitioner. Mr. Tiwari is given liberty to take out an appropriate application. All parties concerned are to act on a signed photocopy of this order on the usual undertakings....
M/S. Narbheram Finance Co. Ltd. Vs. Mehta Transport Co. and anr.
Court: Kolkata
Decided on: Sep-02-2010
Today is the returnable date of the application. The Receiver has filed a report in Court today. According to the report, she has made inventory of the equipment. The learned Counsel appearing for the respondents admits that Rs.19 lakhs are due and payable by them to the petitioner. However, he prays for instalments to pay off this sum. A sum of Rs.19 lakhs is to be paid in 5 equal instalments commencing from 15th October, 2010 and payable by the 15th of each succeeding month. The order dated 22nd July, 2010 is modified by directing that the Receiver will only be in symbolic possession and there will be an order of injunction against the respondents restraining them from transferring and/or parting with the equipment in question. In default of payment of any instalment by the stipulated date, this order will stand vacated and the order dated 22nd July, 2010 will be revived when the Receiver will be entitled to take possession of the equipment in terms of prayers (a) and (b). It is clar...
indusind Bank Limited Vs. Dipak Raha and anr.
Court: Kolkata
Decided on: Sep-02-2010
The Receiver files his report today in Court which is accepted. In terms of the order dated 18th August, 2010, he has made inventory of the vehicle in question. Affidavit of service has been filed in Court. It is submitted that the respondents have been served. Such submission is accepted. None appears for the respondents. Accordingly, I direct the Receiver to take actual physical possession of the vehicle. I pass an order in terms of prayer (c) of the petition. The order of injunction is extended till disposal of this application. I make this application returnable two weeks hence to consider further orders. The Receiver may be paid further remuneration of 700 GMs by the petitioner. All parties are to act on a signed photocopy of this order on the usual undertakings....
Citicorp Finance (India) Ltd. Vs. M/S. Power Syndicate and anr.
Court: Kolkata
Decided on: Sep-02-2010
The Court: Report filed by the joint Receivers in Court today is accepted. It is submitted that the equipment in question could not be located by the Receiver. An agent has been appointed in terms of the order. The agent is making efforts to locate it. In this case assistance of the police to the agent is prayed for. Such prayer is made on the ground that it would not be possible for the Receiver to stay for a long period in the location. Therefore, the Superintendent of Police Keonjhar will provide the necessary assistance to the agent of the Receiver to locate the equipment. Therefore, list this application on 27th of September, 2010. Returnable date is extended accordingly. All parties concerned are to act on a signed photocopy of this order on the usual undertakings....
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