Kolkata Court September 2010 Judgments
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Hansraj Pagaria Vs. West Bengal State Electricity Distribution Co. Ltd ...
Court: Kolkata
Decided on: Sep-21-2010
The Court : This is an application for amendment of the plaint. The defendants strenuously object to the amendment on the ground that the amendment sought would change the nature and character of the suit. The primary relief in the suit as originally framed was for an order of injunction restraining payment under a bank guarantee. The plaintiffs interlocutory application in aid of such relief failed whereupon the plaintiff sought leave to put in the money covered by the bank guarantee to ward off invocation of the bank guarantee. The defendants say that the money has been tendered to the defendants. The amendment sought is to seek damages in lieu of the money paid and on other grounds. It is undeniable that when a suit seeking a permanent injunction in respect of payment under a bank guarantee is sought, upon the interlocutory application in aid thereof failing, it is open to the plaintiff to convert the suit into one for damages for recovery of the amount received by the defendants un...
Magma Fincorp Ltd. Vs. Grey Hound Highways and ors.
Court: Kolkata
Decided on: Sep-20-2010
The Court: I have examined the report of the Receiver. The borrower and guarantor are most uncooperative. The vehicle could not be located. 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, at the suggestion of the advocate-on-record for the petitioner I dispose of this application by confirming the interim order passed on 3rd August, 2010. In case the location of the vehicle is found out, the Receiver will be at liberty to take physical possession with police help. As this application is being disposed of, ratification of such Act should be taken by way of a fresh application made within two weeks from taking such possession. The Receiver be paid further ad hoc remuneration of 700 GM to be paid by the petitioner. All parties concerned are to act on a signed photocopy of this order on the usual undertakings....
Magma Fincorp Ltd. Vs. Shree Sai Comprresssor and anr.
Court: Kolkata
Decided on: Sep-20-2010
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 16th October, 2007 between the petitioner and the respondent no.1. The subject matter of the agreement is an excavator , whose value is Rs.50,13,155/-. Due to default in payment of installments by the respondents, the petitioner terminated the agreement on 15th December, 2009. The dues of the respondents towards the petitioner as on 31st August, 2010 is Rs.19,41,783/- 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 [b] of the petition. I appoint Ms. Krishna Dey [Kar], Bar Association Room No.9, Advocate as Receiver at an initial remuneration of 700 GMs. to be paid by the ...
Migma Pvt. Ltd. and anr. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Sep-20-2010
The Court : Item nos.22, 24 and 25 of the days list are inter-linked as all these appeals have been preferred against the self-same order passed by the Learned Single Judge directing demolition of the unauthorised construction. In item no.25, Mr. Bhattacharya, learned Counsel appearing on behalf of the appellants, draws our attention to the fact that pursuant to the order of the Division Bench dated 29th February, 2008 the builder has placed before the appellate court a revised sanctioned plan dated 14th October, 1992, on the basis of which the alleged additional construction was made. It appears from the order impugned that the Learned Single Judge has allowed the writ application principally on the ground that although the private respondent took specific defence that the additional constructions were made in accordance with the revised sanctioned plan dated 14th October, 1992, such plan was not placed before the Court. In view of the aforesaid fact, we direct the Kolkata Municipal C...
L and T Finance Ltd. Vs. M/S. Tarini Road Carrier and anr.
Court: Kolkata
Decided on: Sep-20-2010
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 loan cum hypothecation agreement dated 5th March, 2008 between the parties. The subject matter of the agreement is an excavator, the value of which is Rs.41,50,000/-. Due to default in payment of installments by the respondents, the petitioner terminated the agreement on 23rd August, 2010. The dues of the respondents towards the petitioner as on the date of termination were Rs.25,58,326/-. Arbitrator has been appointed. This application is moved ex-parte on the apprehension that if notice of this application is given to the respondents they will remove the excavator beyond the reach of this Court. Therefore, on the above prima facie, I pass an order in terms of prayers [a] and [b] of the petition. Prayer (a) is limited in symbolic possession and inventory only. I appoint Ms. Swati Mukherjee, Bar Association, Room No.2 Advocat...
Maple Accessories Pvt. Ltd. and ors. Vs. Life Insurance Corporation of ...
Court: Kolkata
Decided on: Sep-20-2010
The Court : The scheme concerning the applicants was sanctioned by this Court on 5th March, 2008. It contained a provision regarding assignment of the benefits of a policy known as a key-man policy. That policy was taken out by the applicant No.3 for the benefit of three persons mentioned in paragraph 7 of the petition. It related to its Handbag Division. Now, by virtue of the scheme as sanctioned by this Court, the Handbag Division has become vested in the applicant No.1 together with the benefit of such policy. The beneficiaries of the policy are also now the Directors of the applicant No.1. The insurer, Life Insurance Corporation, has some objections to the assignment of the policy. It brings to my attention a clause in its circular dated 24th July, 2000, that share holding of the assured must be less than 51% and that his family share holding should be less than 70%. Ms. Bhuteria, learned Counsel for the petitioner, assures the Court that such share holding will be adjusted accordi...
M/S. Magnet Industries (Cal) Pvt. Ltd. Vs. the Official Liquidator and ...
Court: Kolkata
Decided on: Sep-20-2010
The Court: This is an application by one occupier. By the order dated 6th September, 2010, on an application made by the contributories the winding up order dated 9th November, 1998 was set aside. The Official Liquidator was directed to hand over the assets and other properties of the company in his hands to the applicants in that application who were treated as trustees for the company. The applicant has filed this application on the apprehension that while so handing over possession, the applicant would be dispossessed. It is represented on behalf of the Official Liquidator that possession will be handed over today afternoon. I only make this observation that the Official Liquidator will hand over such possession as is enjoyed by him and in so delivering possession will not disturb any other right. This application is accordingly disposed of. Any dispute regarding possession may be resolved in a civil forum. All parties concerned are to act on a signed photocopy of this order on the ...
industrial Investment Bank of India Ltd. Vs. Official Liquidator
Court: Kolkata
Decided on: Sep-20-2010
The Court : This is an appeal from the determination of the Official Liquidator. The determination dated 1st March, 2010 at page 24 of the petition is not challenged, only the determination dated 1st March, 2010 at page 23 of the petition is challenged. By that determination, although a claim for Rs.28,71,388/- was allowed but for absence of a charge certificate the applicant was not recognized as a secured creditor. The learned Counsel for the applicant has drawn my attention to the documents comprising Annexure B so as to demonstrate how the particulars of the charge were furnished to the Registrar of Companies. He submits on the strength of those documents that furnishing particulars of charge, irrespective of its registration and issuance of registration certificate is compliance with section 125 of the Companies Act, 1956. Since particulars of charge had been furnished, there has been compliance of Section 125, it is submitted. He refers me to two decisions in the case of State Ba...
Smt. Malti Devi Banka Vs.Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Sep-20-2010
The Court : Item nos.22, 24 and 25 of the days list are inter-linked as all these appeals have been preferred against the self-same order passed by the Learned Single Judge directing demolition of the unauthorised construction. In item no.25, Mr. Bhattacharya, learned Counsel appearing on behalf of the appellants, draws our attention to the fact that pursuant to the order of the Division Bench dated 29th February, 2008 the builder has placed before the appellate court a revised sanctioned plan dated 14th October, 1992, on the basis of which the alleged additional construction was made. It appears from the order impugned that the Learned Single Judge has allowed the writ application principally on the ground that although the private respondent took specific defence that the additional constructions were made in accordance with the revised sanctioned plan dated 14th October, 1992, such plan was not placed before the Court. In view of the aforesaid fact, we direct the Kolkata Municipal C...
A. Talukdar and Company (Fertilizer) Pvt. Ltd. (In Liquidation) Vs. M/ ...
Court: Kolkata
Decided on: Sep-20-2010
The Court: This is an application by a registered firm claiming to be in occupation of the property of the company in liquidation. It says that it is entitled to the sum of 14 lacs mentioned in the order dated 6th September, 2010 in CA No.657 of 2010 with CP No.12 of 1998 after deduction of expenses of about 2 lacs of the Official Liquidator. Since the Court has set aside the winding up order, the Court will not exercise jurisdiction over such claim. But the fact is that such sum is deposited with the Official Liquidator and the applicant before me has a claim over it. In my opinion such claim has to be resolved now in a civil forum. However, if the money is disbursed to the contributories at whose instance the order of winding up order was set aside and the applicant is able to establish such claim, it might be difficult for the applicant to realise the amount. In such circumstances, the Official Liquidator will hold on to such sum of Rs.14 lacs less the above expenses till 4th of Oct...
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