Kolkata Court March 2011 Judgments
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Lav Jhingan. Vs. State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. Since some common issues are involved in all these revisional applications the same are taken up together for consideration and disposal by a composite order. 2. In all these revisional applications the petitioner has claimed that he was one of the six Directors of M/s. Caritt Moran and Co. Pvt. Ltd. and retired from the post of Director of the company on 12.03.2009 and was not in charge of day to day affairs of the accused company. Yet he has been falsely implicated in the proceedings being case nos. C/5687/2009, C/5688/2009, C-5689/2009 and C/5690/2009 respectively under Sections 138/141 of the Negotiable Instruments Act now pending before the learned Metropolitan Magistrate, 13th Court, Calcutta. In all these cases the cheques issued by the company on different dates were dishonoured on the grounds of ACCOUNT CLOSED. In fact as the petitioner was in no way connected with the day to day affairs and management of the company at the time of issuing those cheques he was not liable in...
Magma Fincorp Limited. Vs. Parasnath Singh and anr.
Court: Kolkata
Decided on: Mar-30-2011
1. 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 between the parties containing the arbitration clause. This Section 9 application has been taken out to protect the assets after passing of the award. Outstanding dues of the respondents as of date are over Rs.10,00,000/-. The subject matter is an equipment. 2. 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. 3. Arbitrator has been appointed. An award has also been passed. The time to file application for enforcement of the award has not matured, it is submitted. It is apprehended by the petitioner that when such time matures the respondents would have alienated and/or encumbered the equipment. Therefore, on the above prima facie, I pass an order in terms of prayer (a) of the petition. 4. I appoin...
Srei Equipment Finance Pvt. Ltd. Vs. Laxman Prasad Yadav and anr.
Court: Kolkata
Decided on: Mar-30-2011
1. Leave is granted under Clause 12 of the Letters Patent subject to the question of its requirement. This is a section 9 application founded on a loan-cum-hypothecation agreement between the parties, containing the arbitration clause. 2. Outstanding dues of the respondents as of date are over Rs.45,00,000/-. The subject matter is an excavator. The petitioner has already terminated the agreement. 3. Arbitration has commenced but an award has not been passed. Affidavit of service is on record. None appears for the respondents. 2 Therefore, on the above prima facie, I pass an order in terms of prayer [a] of the petition.4. I appoint Mr. Kuntal Banerjee, Advocate, Bar Association Room No. 14 as Receiver at a remuneration of 700 GMs. to be paid by the petitioner. Receiver to file the report by the returnable date. I also pass an order in terms of prayer [f] of the petition. 5. The local police authority is directed to render necessary assistance to the Receiver, if so requisitioned by him....
Ormec Engineering Limited and anr. Vs. the Registrar of Companies, Wes ...
Court: Kolkata
Decided on: Mar-30-2011
1. 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. 2. Three notices are contemplated in such Section and the sub-Sections thereunder 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. 3. 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. 4. 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. ...
Magma Fincorp Limited. Vs. Md. Mujafar and anr.
Court: kolkata
Decided on: Mar-30-2011
1. Leave is granted under Clause 12 of the Letters Patent subject to the question of its requirement. This is a section 9 application founded on a hire purchase agreement between the parties, containing an arbitration clause. Outstanding dues of the respondents as of date are over Rs.12 lacs. The subject matter is a tipper. 2. The petitioner has already terminated the agreement. Arbitration has commenced. Affidavit of service is on record. None appears for the respondents. Therefore, on the above prima facie, I pass an order in terms of prayer [a] of the petition. 3. I appoint Mr. Rudraman Bhattacharyya, Advocate, Bar Library Club 2 as Receiver at a remuneration of 700 GMs. to be paid by the petitioner. Receiver to file the report by the returnable date. I also pass an order in terms of prayer [b] of the petition. 4. The local police authority is directed to render necessary assistance to the Receiver, if so requisitioned by him. The assistance to be rendered by the police will include...
Srei Equipment Finance Pvt. Ltd. Vs. M a Enterprises and anr.
Court: Kolkata
Decided on: Mar-30-2011
1. Leave is granted under Clause 12 of the Letters Patent subject to the question of its requirement. The petitioner made an attempt to serve the respondents. The documents posted have been returned by the postal authorities with the remark that the respondents are not available at the addresses disclosed in the cause title. One address in Kolkata, one in Jamshedpur and one in Rourkella are disclosed in the cause title. Attempt to serve was made only at Kolkata and Rourkella as represented. Affidavit of service is on record. 2. In such circumstances, I direct the Advocate on record for the petitioner to make a suitable newspaper advertisement of this application in one English language and one vernacular newspaper in Kolkata each having a circulation of at least 50,000 copies daily in West Bengal. 3. Considering the prima facie case of the petitioner that there are substantial dues, arising out of a loan cum hypothecation agreement between the parties, payable by the respondents to the...
L and T Finance Ltd. Vs. Suresh Prasad Singh and anr.
Court: Kolkata
Decided on: Mar-30-2011
1. It is submitted that in AP No.273 of 2009 a Receiver was appointed to take possession of the equipment. That application was disposed of on 8th July, 2009 by passing such order. The Receiver could not take possession. 2. Thereafter the hirer has settled its disputes with the petitioner financier by inter alia surrendering the equipment to them. In those circumstances, G. A. 947 of 2011 has been taken out for a formal order for discharge of the Receiver. 3. In those circumstances, I pass a formal order allowing G. A. 947 of 2011 by discharging the Receiver. In view of the settlement arrived at between the parties the subsisting orders of injunction are vacated. 4. In view of the above this application is disposed of. All parties concerned are to act on a signed photocopy of this order on the usual undertakings. ...
Magma Fincorp Limited. Vs. Rahul Moyiram Kadam and anr.
Court: kolkata
Decided on: Mar-30-2011
1. Leave is granted under Clause 12 of the Letters Patent subject to the question of its requirement. This is a section 9 application founded on a hire purchase agreement between the parties, containing an arbitration clause. Outstanding dues of the respondents as of date are over Rs.20 lacs. The subject matter is an excavator.2. The petitioner has already terminated the agreement. Arbitration has commenced. Affidavit of service is on record. None appears for the respondents. 2 Therefore, on the above prima facie, I pass an order in terms of prayer [a] of the petition. 3. I appoint Mr. Dweepayan Basu Mullick, Advocate, Bar Library Club as Receiver at a remuneration of 700 GMs. to be paid by the petitioner. Receiver to file the report by the returnable date. I also pass an order in terms of prayer [b] of the petition.4. The local police authority is directed to render necessary assistance to the Receiver, if so requisitioned by him. The assistance to be rendered by the police will inclu...
Accenture Tower Private Limited and ors. Vs. Dreamlight Nirman Private ...
Court: Kolkata
Decided on: Mar-30-2011
1. A meeting of the holders of the Equity shares of ACCENTURE TOWER PRIVATE LIMITED (hereinafter referred to as Transferee Company) shall be convened and held at No. 10, Kiran Shankar Roy Road, 2nd Floor, Room No. 34, Kolkata 700 001 on 21st day of April, 2011 at 01.00 p.m. for the purpose of considering and if thought fit, approving, with or without modification the Scheme of Amalgamation proposed of ACCENTURE FARM DEVELOPMENT PRIVATE LIMITED, DIMENSION FARM DEVELOPMENT PRIVATE LIMITED, DREAMLIGHT NIRMAN PRIVATE LIMITED, ACCENTURE FARMS PRIVATE LIMITED, DIMENSION AGRO MARKETING PRIVATE LIMITED and CYNOSURE REAL ESTATE PRIVATE LIMITED (hereinafter referred to as the Transferor Companies) with ACCENTURE TOWER PRIVATE LIMITED. 2 A meeting of the holders of the Equity shares of ACCENTURE FARM DEVELOPMENT PRIVATE LIMITED (hereinafter referred to as Transferor Company No 1) shall be convened and held at 10, Kiran Shankar Roy Road, 2nd Floor, Room No. 34, Kolkata 700 001 on 21st day of April...
Bengal Waterproof Ltd. Vs. M/S.Malvika Synthetics (P) Ltd.
Court: Kolkata
Decided on: Mar-30-2011
1. This is an application by the company seeking accommodation. On 16 th March, 2010, brother Sanjib Banerjee,J had passed a conditional order as follows: 2. After the order is made, the company says that a consolidated amount may be directed to be paid in respect of the entire claim of the petitioner and the company be permitted to pay in instalments. The parties agree at this stage that a consolidated amount of Rs.40 lakh in respect of the entirety of the petitioners claim herein (including the four bills excluded earlier) will be paid by the company to the petitioner in twenty equal monthly instalments beginning April 20, 2010 and payable by the twentieth day of the nineteen succeeding months. 3. Such amount of Rs.40 lakh is inclusive of interest and costs and if payments are made without any default, the company will not be liable to pay any further amount. In case of any default in payment of any instalment for a period of more than a week, the entire balance sum then due together...
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