Kolkata Court September 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.
Magma Fincorp Ltd. Vs. Sri Gange Infrastructures and anr.
Court: Kolkata
Decided on: Sep-15-2010
The Court : Further to my order dated 19th July, 2010, the Receiver has taken possession of the equipment. He has filed a report which is taken on record. Although affidavit of service has been filed none appears for the respondents. It is submitted that arbitral reference has commenced. In the circumstances, I direct the Receiver to sell the equipment after giving another notice to the respondents at the best possible price. Such sale proceeds will be brought into the account of the Receiver. Upon deducting the expenses of sale and the Receivers further remuneration assessed at 700 GMs, the Receiver will make over the balance sale proceeds to the petitioner. The petitioner will hold such sum in an interest bearing account to the credit of the arbitration. Such sale must be completed within three months from date. The Receiver is to file a fresh report and accounts in the registry, thereupon he will stand discharged. This application is accordingly disposed of. Receiver and all partie...
M/S. Printers Traders Pvt. Ltd. Vs. Hdfc Bank Ltd.
Court: Kolkata
Decided on: Sep-15-2010
The Court: This is a winding up application. Direction for filing of affidavits was made on 25th August, 2010. As the company did not appear, I directed the advocate-on-record for the petitioning creditor to communicate the directions to the respondent company. He has accordingly done so as stated in the affidavit of service. As no affidavit in opposition was filed, this application was mentioned by the petitioning creditor. I directed it to appear as company matter adjourned (unopposed) today. None appears for the company. The claim of the petitioning creditor is founded on a loan of Rs.15 lacs taken by the respondent company from them on or about 2nd November, 2007. It carried interest at the rate of 2% per month. Only a small portion of the loan has been repaid. The outstanding as on the date of the statutory notice issued on 9th June, 2010 was Rs.12,65,811/-. No reply to the statutory notice was made. In the absence of any reply to the statutory notice there is a presumption of ins...
The National Cement, Mines and Industries Limited and anr. Vs. the Reg ...
Court: Kolkata
Decided on: Sep-15-2010
The Court: It has been admitted in the affidavit in opposition filed by the Central Government, that the procedure under Section 560(6) 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 on the usual undertakings....
Rampurhat Psc Sleeper Pvt. Ltd. and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Sep-15-2010
The Court : This is a Section 9 application. It is founded on a contract between the petitioners and the railways containing an arbitration clause. The disputes in this contract have been urged to be referred to arbitration by the letter of the petitioner dated 3rd September, 2010. But no arbitrator has so far been appointed. The grievance of the petitioner is that about Rs.80 lacs or so are sought to be deducted by the railways from monies receivable by the petitioner from the railways for performance of other contracts, on account of alleged liquidated damages, payable in this contract. Liquidated damages can only be quantified and held payable to the railways when the award is passed. Of course, any creditor has the right to withhold any sum of the debtor in his hands in satisfaction of the alleged debt. If the amount had been quantified I would have understood withholding of the said sum but to withhold without such quantification such a large sum of money allegedly payable on acco...
Magma Fincorp Ltd. Vs. Man Bhadur Thapa and ors.
Court: Kolkata
Decided on: Sep-15-2010
The Court : Report filed by the Receiver be taken on record. It is reported by the Receiver that it was represented to her at the site that the respondent no.1 had died. Let copies of this report be circulated to the petitioner. The respondents are not appearing in spite of filing of an affidavit of service. It appears from the hire purchase agreement that the respondent no.1 was the borrower and the respondent no.2 being a company and the respondent no.3 were the guarantors. In any event the liability of the guarantors is coextensive with that of the principal debtor. Therefore, I dispose of this application by confirming the order dated 10th August, 2010. The Receiver be paid a further ad hoc remuneration of 700 GMs by the petitioner. The Receiver to file another report. Liberty to take out a fresh Section 9 application with prayers to deal with the equipment as and when taken possession of by the Receiver. Liberty to the petitioner to take steps with regard to the alleged death of t...
Naresh Kumar Shaw Vs. Sesa International Ltd and anr.
Court: Kolkata
Decided on: Sep-15-2010
The Court : There will be an order in terms of prayer (a) of the application. Instead of taking up the stay application, by consent of the parties, we take up the appeal treating the same as on the days list. This appeal is directed against an order dated 27.8.2010 passed by the Hon'ble First Court, when His Lordship was, inter alia, pleased to pass the following order: This is an application made by an intending purchaser of the goods directed to be sold by the Receiver appointed in the suit. The application is completely misconceived and without any basis. The applicant has no interest in the suit and could not have applied therein. G.A.No.2773 of 2010 is dismissed. It appears in this matter that a suit was filed and in the said suit an order was passed on 18th June, 2010 directing sale of the goods. By the said order, the parties in the suit stated that the goods were imported by Sesa International Ltd. Although the goods were arrived at Haldia Port in 2008, the same was offered to ...
M/S. Strescon Industries Ltd. and anr. Vs. Eastern Railway and ors.
Court: Kolkata
Decided on: Sep-15-2010
The Court : This is a Section 9 application. It is foundedon a contract between the petitioners and the railways containingan arbitration clause. The disputes in this contract have beenurged to be referred to arbitration by the letter of thepetitioner dated 3rd September, 2010. But no arbitrator has so farbeen appointed.The grievance of the petitioner is that about Rs.50 lacs orso are sought to be deducted by the railways from moniesreceivable by the petitioner from the railways for performance ofother contracts, on account of alleged liquidated damages, payablein this contract.Liquidated damages can only be quantified and held payable tothe railways when the award is passed. Of course, any creditorhas the right to withhold any sum of the debtor in his hands insatisfaction of the alleged debt.If the amount had been quantified I would have understoodwithholding of the said sum but to withhold without suchquantification such a large sum of money allegedly payable onaccount of damages, is...
Sri Hari Gopal Paul and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-15-2010
The Court : This writ application is directed against the action of the Regional Transport Authority, Kolkata in not taking any decision on the application of the petitioner for permit on route no.S-176 from Lake Town to Howrah Maidan. The route is covered by a notification under section 71(3)(a) of the Motor Vehicles Act, 1988 in terms whereof the total number of stage carriages on the route has been limited. According to the petitioners there are vacancies on the route. Section 80(1)and (2) of the Motor Vehicles Act, 1988 provides as follows:- 80.Procedure in applying for and granting permits- 1) An application for a permit of any kind may be made at any time. 2) A [Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] shall not ordinarily refuse to grant an application for permit of any kind made at any time under this Act: Provided that the [Regional Transport Authority, State Transport Authority or any pre...
Paltu Mukherjee and ors. Vs. East Bengal Club and ors.
Court: Kolkata
Decided on: Sep-15-2010
The Court: This is an application made by a member of the first defendant club pursuant to the leave granted under Order I Rule 8 of the Code and the publication in respect thereof. The plaintiff does not seriously oppose the applicant being added as a defendant to the proceedings. The defendants say that the other orders that the applicant has prayed for have been declined in earlier applications by this Court and should not be considered afresh. The applicant will be the 32nd defendant and the cause title to the plaint will be amended accordingly within a period of three weeks from date. For the rest of the prayers made, affidavits have to be called for. Affidavits-in-opposition may be filed within a week; reply thereto, if any, before the matter is taken up. The matter will appear as adjourned motion on September 24, 2010. Urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities....
Hasina Laskar Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-15-2010
The Court : In this writ petition, the petitioner has challenged an order being Memo No.874/SC/FS/FP Shop/BRP/10 dated 16th August, 2010, the contents whereof are extracted herein below:- As per resolution of all political party meeting held in the Chamber of S.D.O.Baruipur on 18.06.2010 and at the meeting hall of Kultali Panchayet Samity on 11.08.2010, you are directed to shift the fair price shop from Ambikanagar to the old place of Kundakhali for public interest within three weeks from the date of receipt of this letter. No reasons have been disclosed for the decision to direct the petitioner to shift his fair price shop. The petitioner has apparently been directed to shift the fair price shop as per a resolution taken at a meeting of all political parties held in the chamber of the Sub-Divisional Officer at Baruipur on 18th June, 2010. An all party resolution, cannot be a ground for directing the shifting of a fair price shop. There is not a whisper of how public interest will be b...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 8
- 9
- 10
- 11
- 12
- Next ›
- Last »