Kolkata Court November 2011 Judgments
United Unemployed Engineers Vs. State of West Bengal and ors
Court: Kolkata
Decided on: Nov-23-2011
AP No. 607 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNITED UNEMPLOYED ENGINEERS CO-OPERATIFVE SOCIETY LTD. Versus STATE OF WEST BENGAL and; ORS. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 23rd November, 2011. Appearance: Mr. Amitava Ghosh, Adv. Mr. Moinak Bose, Adv. The Court : There is no dispute between the parties as to the existence of the arbitration agreement. The respondents also say that there are live disputes covered by the arbitration agreement that can go to a reference. The appropriate arbitration agreement appears at page 13 of the respondents' affidavit. Clause 25 contemplates that the chief engineer of the relevant department would be the appointing authority and it would 2 be open to the chief engineer to either take up the reference himself or nominate any other person to be the arbitrator. There is an exception carved out by way of a subsequent rule that amended the arbitration clause contained in the general c...
Tag this Judgment!Prasun Banerjee and Others Vs. the State of West Bengal and Others
Court: Kolkata
Decided on: Nov-22-2011
GA No. 1142 of 2011 WP No. 1062 of 2010 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Prasun Banerjee and; Others Versus The State of West Bengal and; Others Before:The Hon'ble Justice Debasish Kar GuptaDate: 22nd November 2011 Appearance: Mr. D. Saha Roy, Advocate Mr. R. A. Agarwal, Advocate Mr. Rameswar Bhattacharjee Mr. Ram Uday Bhattacahrya, Advocate GA No. 1142 of 2011 This is an application filed by the applicant for his addition in the writ application bearing no. WP No. 1062 of 2010 as party respondent to the above proceeding. The subject matter of challenge in the writ application is an order dated August 6, 2010 passed by the Additional Chief Secretary to the Government of West Bengal, Transport Department directing the concerned Regional Transport Authorities to stop plying of buses in route no. 219/1 via Lake Town Link Road. 2 A permanent stage carriage permit was issued in the year 2001 in favour of the applicant to ply his vehicle (bus) on ...
Tag this Judgment!Magma Fincorp Ltd Vs. Md. Yusuf Ansari and anr
Court: Kolkata
Decided on: Nov-22-2011
AP No. 904 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LTD. Versus MD. YUSUF ANSARI and; ANR.BEFORE:The Hon'ble JUSTICE SANJIB BANERJEEDate : 22nd November, 2011. Appearance: Ms. Sutapa Sanyal, Adv. ... for the petitioner Mr. Sanjib Dawn, Adv. ... for the arbitrator The Court : This is a post-award petition under Section 9 of the Arbitration and Conciliation Act, 1996. Pursuant to a direction issued on November 21, 2011 all papers relating to the reference have been produced on behalf of the arbitrator. The following papers have been deposited in Court: 1. A brown-paper envelope containing an undelivered document with an acknowledgement due card appended thereto. 2. Two acknowledgment due cards in respect of postal articles that appear to have been sent by the arbitrator to the two respondents. One of the postal articles bears a stamp which appears 2 to have been affixed in the month of September, 2011. The postal stamp on the other acknow...
Tag this Judgment!AtIn Bose Vs. Bokaro Steel Limited, a Company
Court: Kolkata
Decided on: Nov-18-2011
1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Suit No.435 of 1976 P R E S E N T:-The Hon'ble Mr. Justice Prasenjit Mandal. Atin Bose. Versus Bokaro Steel Limited, a Company incorporated under the Companies Act, 1956. Heard on : 29.04.2011, 08.07.2011, 22.07.2011, 05.08.2011 and; 05.09.2011Delivered on: November 18, 2011.For the Plaintiff:- Mr. Dipankar Dhar, Ms. Swati Bhattacharya, Mr. P. Mondal, Mr. R.K. Mondal.For the Defendant:- Mr. K.K. Chaterjee. Prasenjit Mandal, J. : This is a suit for recovery of money of Rs.3,24,162.25 and other reliefs. The plaint case is as follows:- The parties to the suit entered into an agreement dated November 19, 1969, inter alia, to the following effects:- a) The plaintiff would supply watchmen and escorts for the goods of the defendant passing through Calcutta to Bokaro 2 Still City or any other place specified by the defendant by wagons or trucks. b) The terms and conditions have been settled accordingly as to rate of supply o...
Tag this Judgment!Hdfc Bank Ltd Vs. Bhagwandas Auto Finance Ltd. and anr
Court: Kolkata
Decided on: Nov-18-2011
AP No. 972 of 2011 AP No. 973 OF 2011 AP No. 974 OF 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction HDFC BANK LTD. Versus BHAGWANDAS AUTO FINANCE LTD. and; ANR. BEFORE:The Hon'ble JUSTICE SANJIB BANERJEEDate : 18th November, 2011. Appearance: Mr. Samrat Sen, Adv. Mr. Jishnu Chowdhury, Adv. Ms. Hasnuhana Chakroborty, Adv. Mr. S. N. Pandey, Adv. Mr. D. Basak, Adv. Mr. Satarup Banerjee, Adv. The Court : These three applications under Section 9 of the Arbitration and Conciliation Act, 1996 are essentially to implement an order of December 17, 2009 passed on previous applications of similar import. Before referring to the previous orders passed in the proceedings between the parties, it is necessary to record the primary undisputed facts. AP No.972 of 2011 is in respect of an agreement of December 29, 2006 under which ten vehicles were obtained by the respondents on the basis of the loan made available by the petitioner. AP No.973 of 2 2011 is in respect of a second...
Tag this Judgment!Ashok Engineering Corpn Vs. Bharat Heavy Electricals Ltd
Court: Kolkata
Decided on: Nov-17-2011
AP No. 335 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ASHOK ENGINEERING CORPN. Versus BHARAT HEAVY ELECTRICALS LTD. Appearance: Mr. Soumya Dutta, Adv. ...For the petitioner. Mr. B.S. Sinharoy, Adv. ...For the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : November 17, 2011. The Court : This is a request under Section 11 of the Arbitration and Conciliation Act, 1996. There is a specific work order which is referred to in the cause title. The petitioner claims to have performed work under at least two work orders issued by the respondent. The petitioner relies on a letter dated May 2, 2005 in respect of the work order which is the subject-matter of the present proceedings. By such letter, the petitioner requested the General Manager of the concerned unit of the respondent to either take up the reference or nominate any other as arbitrator. The arbitration agreement between the parties is not in dispute and such agreement 2 p...
Tag this Judgment!Biswanath Ferro Alloys Limited Vs. Damodar Valley Corporation
Court: Kolkata
Decided on: Nov-17-2011
AP No. 676 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BISWANATH FERRO ALLOYS LIMITED -Versus- DAMODAR VALLEY CORPORATION Appearance: Mr. Mohit Gupta, Adv. Mr. S.K. Poddar, Adv. ...For the petitioner. Mr. T. Roychowdhury, Adv. Mr. Prasun Mukherjee, Adv. ...For the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :November 17, 2011. The Court : This is a request under Section 11 of the Arbitration and Conciliation Act, 1996 following the respondent's failure to nominate an arbitrator in accordance with the arbitration agreement. The arbitration clause is contained in an agreement for bulk supply of electricity. The petitioner claims that the respondent Corporation over-billed the petitioner for which the petitioner was constrained to file an application under Article 226 of the Constitution of India before this Court. The petitioner refers to the reconciliation of the accounts between the parties in course of the writ proceeding...
Tag this Judgment!M/S. Ideal Co-operative Labour Vs. Farakka Barrage Project
Court: Kolkata
Decided on: Nov-17-2011
AP No. 585 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S. IDEAL CO-OPERATIVE LABOUR CONTRACT and; CONSTRUCTION SOCIETY -Versus- FARAKKA BARRAGE PROJECT Appearance: Mr. Taimur Howssaoin, Adv. ...For the petitioner. Mr. P. S. Bose, Sr. Adv. ...For the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : November 17, 2011. The Court : This application is utterly misconceived. The petitioner entered into a contract with the respondent and following disputes having arisen, instituted proceedings under Section 20 of the Arbitration Act, 1940. By an order dated April 20, 1989 the arbitration agreement was directed to be filed and the appointing authority named in the arbitration agreement was required to appoint an arbitrator within a specified time. Upon the appointment being made, the arbitrator demanded an advance payment on account of possible expenses. The petitioner approached the Court whereupon the demand for advance payment w...
Tag this Judgment!Jagdish Alias Jagdish Hela Vs. the Calcutta Municipal
Court: Kolkata
Decided on: Nov-17-2011
WP No. 1247 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAGDISH ALIAS JAGDISH HELA Petitioner Versus THE CALCUTTA MUNICIPAL CORPORATION and; ORS. Respondents For Petitioner : Mr. Upendra Roy, Advocate For Respondents : Mr. Alak Kumar Ghosh, Advocate Mr. D. K. Chatterjee. BEFORE: The Hon'ble JUSTICE TAPEN SEN Date : 17th November, 2011. The Court : In this Writ Petition the Petitioner Jagadish @ Jagdish Hela has filed the Writ Petition with a prayer for commanding the Respondents to cancel the office Order dated 19.2.1999 as contained in Annexure "P-7" whereby and whereunder the Deputy Municipal Commissioner (Personnel) reverted the petitioner to his original post of a Sweeper (Methor) w.e.f. 4.1.1997 on the ground that the Post of a "Methor" and "Dom" were not included in the Kolkata Municipal Corporation Services (Common cadres) Regulations. The further ground for reversion was that the qualification of the Petitioner as recorded in the Servic...
Tag this Judgment!M/S. H.R. Traders and Investors Pvt. Vs. Tamilnadu Co Operative Sugar
Court: Kolkata
Decided on: Nov-15-2011
CP No. 265 of 2011 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE M/S. H.R. TRADERS and; INVESTORS PVT. LTD. -Versus- TAMILNADU CO OPERATIVE SUGAR FEDERATIOIN LTD. Appearance: Mr. R.K. Khanna, Adv. Mr. Aryak Dutt, Adv. Mr. Debangshu Basak, Adv. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : November 15, 2011. The Court : The winding-up petition is founded on a money decree passed in favour of the petitioning creditor in the year 1992. The decree was obtained ex parte and the company subsequently applied under Order IX Rule 13 of the Code for recalling the same. The operation of the decree was stayed during the currency of the recalling application. Upon the recalling application being dismissed, the decree was liable to be put into execution. The petitioner does not dispute that the period that elapsed from the date of the decree till it was interdicted by the order of stay on the recalling application together with the period that has expired from the 2 date of...
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