Kolkata Court November 2011 Judgments
M/S. Cycle Corporation of India Vs. Official Liquidator
Court: Kolkata
Decided on: Nov-30-2011
CA No. 542 of 2010 BIFR No. 508 of 1992 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF : M/S. CYCLE CORPORATION OF INDIA LTD.(IN LIQUIDATION) And IN THE MATTER OF : M/S CYCLE CORPORATION OF INDIA OFFICE EMPLOYEES UNION Petitioner/Applicant Versus OFFICIAL LIQUIDATOR Respondent BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date : 30th November, 2011. The Court :- This application was made by theworkers who took VRS in view of the Scheme published on 5th May 2000. The details of the scheme are set out hereunder:- "i) The compensation will consist of salary of 35 days for every completed year of service and 25 days for the balance of service left until superannuating. The compensation will be subject to a minimum of Rs.25,000/- or 250 days salary whichever is higher. However, this compensation shall not exceed the sum of the salary that the employee superannuating. ii) Salary for purpose of VRS will consist of basic pay and DA only. 2 iii) Arrears of wages du...
Tag this Judgment!Rahul Maheshwari Vs. Sheila Guha
Court: Kolkata
Decided on: Nov-29-2011
1 IN THE HIGH COURT AT CALCUTTAORDINARY ORIGINAL CIVIL JURISDICTION GA No. 3821 of 2007 GA No. 758 of 2010 AP No. 373 of 2006 RAHUL MAHESHWARI -Versus- SHEILA GUHA AND AP No. 129 of 2010 RAHUL MAHESWARI -Versus- SHEILA GUHA AND OTHERS AND AP No. 776 of 2011 RAJEEV MAHESHWARI AND OTHERS -Versus- SUSAN REUBEN AND ANOTHER AND CC No. 3 of 2008 RAHUL MAHESHWARI -Versus- SHEILA GUHA 2 For the Petitioners: Mr Pratap Chatterjee , Sr Adv., Mr Samit Talukdar, Sr Adv., Mr Samrat Sen, Adv., Mr Paritosh Sinha, Adv., Ms Hasnuhana Chakraborty, Adv. For Sheila Guha: Mr Suhrid Ray Chowdhury, Sr Adv., Mr Dipankar Dhar, Adv., Ms Swati Bhattachargee, Adv., Mr Pallab Mandal, Adv., Mr Rajkumar Mandal, Adv. For Ela Dutta: Mr Haradhan Banerjee, Sr Adv., Mr Gautam Chakraborty, Adv. For the Respondents in AP No. 776 of 2011: Ms Noelle Banerjee, Adv.Hearing concluded on: November 23, 2011.BEFOREThe Hon'ble JusticeSANJIB BANERJEEDate: November 29, 2011. SANJIB BANERJEE, J. : - At the centre of these matters is a...
Tag this Judgment!Lmj International Ltd Vs. Noor Maritime Ltd. and anr
Court: Kolkata
Decided on: Nov-29-2011
GA No. 3350 of 2011 CS NO.272 OF 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LMJ INTERNATIONAL LTD. Versus NOOR MARITIME LTD. and; ANR. BEFORE: The Hon'ble JUSTICE I. P. MUKERJI Date : 29th November, 2011. Mr. S.N. Mitra, senior advocate, Mr. A. Chakraborty, Mr. D.N. Sharma...for plaintiff. Mr. S.N. Mookherjee, senior advocate, Mr. R. Banerjee, Mr. K.R.Thakkar, Mr. S. Dey...for defendant no.1. The Court : This is an interlocutory application in aid of a suit, claiming an injunction restraining the defendants from proceeding with an international arbitration in London. The facts arise in this way. The plaintiff had chartered a vessel from the first defendant. The first defendant has a claim against the plaintiff, on account of demurrage for breach of the charter party agreement. These are the basic elements of the claim. Neither have I been invited to nor have I gone into any further details of the case in the arbitration. The vessel chartered ...
Tag this Judgment!Gujarat Nre Coke Limited and anr Vs. Unknown
Court: Kolkata
Decided on: Nov-29-2011
ALP NO.14 OF 2011 WITH GA NO.3061 OF 2011 IN THE HIGH COURT AT CALCUTTA EXTRA-ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE IN THE MATTER OF : GUJARAT NRE COKE LIMITED and; ANR. AND M/S.GREGARIOUS ESTATES INCORPORATED and; ORS. The Hon'ble JUSTICE PATHERYADate : 29th November, 2011. MR.ABHRAJIT MITRA, MR.J.CHOWDHURY, MR.S.K.TIWARI, MR.M.S.TIWARI, ADVOCATES FOR THE PETITIONERS MR.BIMAL CHATTERJEE, SR.ADVOCATE, MR.TILAK BOSE, MR.ASIT DE, ADVOCATES FOR RESPONDENTS The Court : By this application under Clause 13 of the Letters Patent the plaintiff-petitioners seek transfer of T.S.No.1517 of 2011 from the City Civil Court to this High Court. The case of the petitioners is that the parties are common so also the issues and there is every possibility of conflict in decisions so also multiplicity 2 of proceedings. In fact, the Division Bench in FMAT NO.982 of 2011 was of the view that the issues in T.S.No.1517 of 2011 and C.S.No.161 of 2011 do overlap. Therefore, the two suits ought to b...
Tag this Judgment!Tantia Construction Co. Ltd Vs. Union of India
Court: Kolkata
Decided on: Nov-28-2011
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present :The Hon'ble Justice Sengupta AndThe Hon'ble Justice Joymalya Bagchi 28.11.2011 APOT 498 of 2011 GA 3372 of 2011 GA 3153 of 2011 AP 176 of 2003 Tantia Construction Co. Ltd. Vs. Union of India The Court :- There will be an order in terms of prayer (a) of the Notice of Motion. By consent of the parties we dispose of the appeal treating it as on day's list and the application dispensing with all formalities. However. undertaking given by Mr. Chatterjee's client to file certified copy of the judgment and order will remain and this must be filed, the moment certified copy is made available. This appeal is directed against an order passed by a learned Trial Judge whereby and whereunder application for setting aside of an award under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the respondent has been dismissed. The reason for dismissal in the impugned order appears to be that Court lacks te...
Tag this Judgment!Srei Equipment Finance Pvt. Ltd. Vs. Srei Equipment Finance Pvt. Ltd.
Court: Kolkata
Decided on: Nov-24-2011
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No. 473 of 2010 GA No. 374 of 2011 GA No. 3060 of 2011 SREI EQUIPMENT FINANCE PVT. LTD. Versus MAA TARA SUPPLY AGENCY and; ANR. and; AP No. 639 of 2011 MAA TARA SUPPLY AGENCY Vs. SREI EQUIPMENT FINANCE PVT. LTD. (SEFPL) Appearance Ms. Sutapa Sanyal, Advocate Mr. Sanjib Mitra, Advocate BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 24th November, 2011. The Court : A.P. No. 473 of 2010 is an application under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the financier. A.P. No. 639 of 2011 is an application under Section 34 of the 1996 Act filed by the hirer for challenging the award. The parties have agreed that a total amount of Rs.12 lakh will be paid by the hirer to the financier in fifteen instalments beginning December, 2011. In view of such agreement between the parties, the Section 9 proceedings have become meaningless and A.P. No. 473 of 2010 and the 2 applications filed t...
Tag this Judgment!M/S. Nortel Commodeal Private Vs. Unknown
Court: Kolkata
Decided on: Nov-24-2011
Company Application No. 1034 of 2011 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the matter of: M/s. NORTEL COMMODEAL PRIVATE LIMITED and; ORS. Appearance Mr. M.S. Tiwari, AdvocateBefore :The Hon'ble Justice Sanjib BanerjeeDate : November 24, 2011 The Court : That a separate meeting of the holders of the Equity shares in M/S NORTEL COMMODEAL PRIVATE LIMITED (hereinafter referred to as the Transferee Company) shall be convened and held at M/s L.P.Tiwari and; Co., Advocates, Emerald House of 1B, Old Post Office Street, 4th Floor, Calcutta-700 001at 10.30 am on January 6, 2012 for the purpose of considering and if thought fit, approving with or without modification a scheme of Amalgamation between the Applicants Companies and their respective shareholders for the purpose of amalgamation of the Transferor Companies with the Transferee Company (the said scheme of Amalgamation). That a separate meeting of the holders of the Equity Shares in M/S DHEERE VINIMAY PRIVATE LIMITED (her...
Tag this Judgment!Provati Mondal Vs. the State of West Bengal and ors
Court: Kolkata
Decided on: Nov-24-2011
WP No. 788 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Civil Jurisdiction ORIGINAL SIDE PROVATI MONDAL Versus THE STATE OF WEST BENGAL and; ORS. BEFORE:The Hon'ble JUSTICE DEBASISH KAR GUPTADate : 24th November, 2011. Appearance: Mr. M. M. Das. Adv. Md. Shamim Akhter, Adv. Mr. Pantu Deb Roy, Adv. This writ application is directed against a resolution dated January 7, 2011 adopted in the meeting of the respondent No.2 rejecting the application of the petitioner dated December 14, 2010 for granting a permit to ply his vehicle (Bus) on the route from Burdwan to Baharampur. By virtue of the impugned resolution, the petitioner was directed to submit his application before the concerned Regional Transport Authority for consideration of his application for issue of permit covering to adjoining districts. It is submitted by the learned Counsel appearing onbehalf of the petitioner that in view of the proceedings of Sub-rule 1 of Rule 87 of the West Bengal Motor Vehicles Rules, 19...
Tag this Judgment!Union of India and ors Vs. M/S. Ma Kali Supply Agency
Court: Kolkata
Decided on: Nov-24-2011
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present :The Hon'ble Justice Sengupta AndThe Hon'ble Justice Joymalya Bagchi 24.11.2011 APOT 535 of 2011 GA 3325 of 2011 AP 117 of 2008 Union of India and; Ors. Vs. M/s. Ma Kali Supply Agency The Court :- There will be an order in terms of prayer (a) of the Notice of Motion. Dispensing with all the formalities by consent of the parties we dispose of the appeal treating it as on day's list. This appeal is directed against the order of the learned Trial Judge whereby and whereunder the learned Trial Judge has dismissed the application under Section 34 of the Arbitration and Conciliation Act, 1996 of the appellant. The ground for dismissal was that the application was made beyond the extreme period of time under Section 34 of the said Act itself. The appellant wanted to have exclusion of certain period from the period of limitation on the ground of fraud, presumably under the provisions of Section 17 of the Limitati...
Tag this Judgment!M/S. Time and Safe Road Carriers and Vs. Union of India and ors
Court: Kolkata
Decided on: Nov-23-2011
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No. 2882 of 2011 AP No. 465 of 2011 M/S. TIME AND SAFE ROAD CARRIERS and; ORS. Versus UNION OF INDIA and; ORS. and; GA No. 2405 of 2011 AP No. 215 of 2011 M/S. TIME AND SAFE ROAD CARRIERS and; ORS. Versus UNION OF INDIA and; ORS. Appearance Mr. P.S. Bose, Sr. Advocate Mr. Bidyut Roy, Advocate Mr. Saptarshi Roy, Advocate Mr. D.K. Singh, Advocate Mr. Probal Mukherjee, Advocate Mr. Debasish Banerjee, Advocate BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 23rd November, 2011. The Court : These two petitions under Section 9 of the Arbitration and Conciliation Act, 1996 are connected and though they reveal a trail of fraud, the petitioner in either case has somewhat redeemed itself in the end. The petitioner was awarded a contract in the year 2006 for operating a parcel van on the Kamrup Express for a period of five years. The agreement 2 contemplated that the tenure could be extended by a period of thr...
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