Kolkata Court September 2011 Judgments
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Rdb Textiles Limited Vs. the Victoria Jute Co. Ltd. and ors
Court: Kolkata
Decided on: Sep-26-2011
ACO No. 122 OF 2011 ACO 25 of 2011 APO 98 of 1988 CP 253 of 1987 CP 288 of 1987 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RDB TEXTILES LIMITED Versus THE VICTORIA JUTE CO. LTD. and; ORS.BEFORE:The Hon'ble JUSTICE KALYAN JYOTI SENGUPTAThe Hon'ble JUSTICE JOYMALYA BAGCHIDate : 26th September, 2011. Mr. Anindya Kumar Mitra, Adv. GeneralSr. Adv. Mr. Jayanta Kr. Mitra, Sr. Adv. Mr. Kalyan Bandhopadhyay, Sr. Adv. Mr. Surajit Nath Mitra, Sr. Adv. Mr. B.K. Jain, Adv. ....for RDB Textiles Limited. Mr. Bimal Kr. Chatterjee, Sr. Adv. Mr. Kishore Dutta, Adv. ..for Bengal Chatkal Mazdoor Union. Bengal National Jute Workers' Employees Limited. National Union of Jute Workers. Mr. Ashok Banerjee.Sr. Govt. Adv. Mr. Shyamal Sanyal, Adv. ...for Victoria Jute Workers Union. Bengal Jute Mill Workers' Union. Jute Textile Workers' Union. Hooghly Zilla Chatkal Mazdoor Union Victoria Jute Shramik Sangh. Mr. Saptansu Basu, Sr.Adv. Mr. Niloy Sengupta, Adv. ...Rashtriya Chatkal Maz...
Ashdene Investments Limited and ors Vs. Warren Tea Limited and ors
Court: Kolkata
Decided on: Sep-26-2011
GA No. 2868 of 2011 GA NO.2961 of 2011 GA NO.2962 of 2011 CS No. 229 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ASHDENE INVESTMENTS LIMITED and; ORS. Versus WARREN TEA LIMITED and; ORS. BEFORE:The Hon'ble JUSTICE SANJIB BANERJEEDate : September 26/28, 2011. Appearance: Mr. S. N. Mookerjee, Sr. Adv. Mr. Ranjan Bachawat, Adv. Mr. Ratnanko Banerji, Adv. Mr. A. P. Jhunjhunwala, Adv. Mr. Debnath Ghosh, Adv. ... For the plaintiffs Mr. Ranjan Deb, Sr. Adv. Mr. Pratap Chatterjee, Sr. Adv. Mr. Tilak Bose, Sr. Adv. Ms. Mousumi Bhattacharya, Adv. ... For the defendant Nos. 1, 3, 8 and 9 Mr. Hirak Mitra, Sr. Adv. Mr. Prasanta Dutt, Adv. Mr. Rupak Ghosh, Adv. ... For the defendant no.2 Mr. P. C. Sen, Sr. Adv. Mr. Shasank Dutt, Adv. ... For the defendant Nos. 4, 5, 6 and 7 2 The Court : The first six plaintiffs claim to hold approximately 42.25% of the total paid-up capital in the first defendant company. The seventh plaintiff is not a shareholder of the first defend...
Cesc Limited Vs. Shiva Glass Vs. State of West Bengal and ors. Before:
Court: Kolkata
Decided on: Sep-26-2011
1 IN THE HIGH COURT AT CALCUTTA CIVIL APPELALTE JURISDICTION IN APPEAL FROM AN ORDER PASSED IN ITS CONSTITUTIONAL WRIT ORIGINAL SIDE G.A. No. 49 of 2009 A.P.O.T. No. 11 of 2009 (W.P. No. 278 of 2004) With G.A. No.131 of 2009 G.A. 130 of 2009 A.P.O.T. 20 of 2009 (W.P. No. 278 of 2004) CESC Limited VS. Shiva Glass Company Limited and; Ors. With Shiva Glass Company Limited and; Ors. Vs. State of West Bengal and; Ors.BEFORE:The Hon'ble Mr. Justice PINAKI CHANDRA GHOSE A N DThe Hon'ble Mr. Justice SOUMEN SENFor Appellant : Mr. Abhijit Chatterjee, Sr. Adv. (CESC) Mr. G.S. Asopa, Adv. Mr. Gourav Khaitan, Adv.For Respondent : Mr. P.P. Banerjee, Adv.(Shiva Glass) Mr. S. Das, Adv.Heard on : 20.04.11, 28.04.11, 10.05.11 and; 19.05.11 Judgment on : 26th September, 2011SOUMEN SEN, J.: The present appeal is arising out of an order dated 4th November, 2008 passed by the learned Single Judge in a writ petition preferred by Shiva Glass Company Limited and; Ors. (hereinafter referred to as the "said 2 ...
Ujjwal TraffIn Private Ltd Vs. Xenitis Infotech Pvt. Ltd
Court: Kolkata
Decided on: Sep-23-2011
1 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction In Appeal From Its Original JurisdictionPRESENT:The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA ANDThe Hon'ble JUSTICE SYAMAL KANTI CHAKRABARTI A.C.O. 103 of 2010 A.C.O. 79 of 2010 APO No.172 of 2010 CP No. 315 OF 2008 Ujjwal Traffin Private Ltd. Versus Xenitis Infotech Pvt. Ltd. And. A.C.O. 104 of 2010 A.C.O. 78 of 2010 APO No.173 of 2010 CP No. 316 OF 2008 Swarna Sathi Dealers Private Ltd. Versus Xenitis Infotech Pvt. Ltd. Judgment on:.23.09.2011. K.J. Sengupta, J.:- Both the appeals are taken out against one and common judgment of the learned Company Judge dated 1st April 2010, by which the appellants' winding up petitions have been permanently stayed, holding in both the matters the companies have been able to make out bona fide dispute for rendering decision in civil suit in 2 relation to loan transaction. The fact in both the cases are identical, however, the figures of the claims and payment dates are different, therefore t...
West Bengal Industrial Vs. Niccon Electronics Devices
Court: Kolkata
Decided on: Sep-23-2011
1 GA No. 2824 of 2010 ASFC No. 3 of 2005 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LIMITED AND ANOTHER -Versus- NICCON ELECTRONICS DEVICES PRIVATE LIMITED AND OTHERS For the Petitioners: Mr A.K. Dhandhania, Adv., Mr Rudra Sankar Dey, Adv. For the Respondents: Mr Samit Talukdar, Sr Adv., Mr Suman Dutt, Adv., Ms Sutapa Sanyal, Adv., Mr Atish Ghosh, Adv.Hearing concluded on: September 19, 2011.BEFOREThe Hon'ble JusticeSANJIB BANERJEEDate: September 23, 2011. SANJIB BANERJEE, J. : - The first petitioner is a government company engaged in granting financial assistance to industrial concerns. Certain provisions of the State Financial Corporations Act, 1951 have been made applicable to the corporation by a notification which is not in dispute. The corporation granted credit facilities to the first respondent company in or about the year 1983. Simultaneously with the execution of the loan agreement between the corporation...
Prudetial Capital Market Ltd. (In Vs. Official Liquidator, High Court,
Court: Kolkata
Decided on: Sep-23-2011
1 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side PRESENT:The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA ANDThe Hon'ble JUSTICE SYAMAL KANTI CHAKRABARTI APO No.19 of 2008 ACO No. 8 of 2008. CP No. 217 OF 2001 Prudetial Capital Market Ltd. (In Liquidatiion). And. Globex Travel and; Exchange Ltd. Versus Official Liquidator, High Court, Calcutta. Judgment on: 23.09.2011. K.J. Sengupta, J.:- The above appeal has been preferred by the appellant, above named, against the judgment and order passed by the learned Company Judge, sitting singly, dated 8th October 2007. By the impugned judgment and order the learned Trial Judge directed the appellant herein to deliver vacant possession of the shop rooms in question to the Official Liquidator or his duly authorized representative within seven weeks from the date of passing order. By the same order the appellant was prohibited from parting with possession in respect of the shop 2 rooms or either of them or creating any interest...
Ajit Kumar Agarwal Vs. Nischintapur Tea Company Ltd
Court: Kolkata
Decided on: Sep-22-2011
1 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction In Appeal From Its Original JurisdictionPRESENT:The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA ANDThe Hon'ble JUSTICE SYAMAL KANTI CHAKRABARTI A.C.O. 41 of 2010 A.P.O. 89 of 2010 CA No. 40 of 2010 CA No. 164 OF 1985 CP No. 252 of 1985 Ajit Kumar Agarwal Versus Nischintapur Tea Company Ltd. Judgment on: 22.09.2011. K.J. Sengupta, J.:- The above appeal is against a portion of the judgment and order of the learned First Court of the Learned Company Judge dated 11th March 2010, whereby and whereunder the appellant's application being CA No. 40 of 2010 was dismissed. By the said judgment the learned Trial Judge also dismissed the application being C.A No. 53 of 2010. The short fact which is relevant to deal with the present appeal is set out hereunder: 2 On or about 21st June 1985, one Amita Sen since deceased the sole petitioner before this Hon'ble Court brought action being C.P. No.252 of 1985 under Sections 397 and 398 of the Compa...
isg Traders Ltd Vs. Commissioner of Income-tax, West
Court: Kolkata
Decided on: Sep-22-2011
1 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction (Original Side)Present:The Hon'ble Mr. Justice Bhaskar Bhattacharya AndThe Hon'ble Mr. Justice Sambuddha Chakrabarti I.T.A. No.264 of 2003 ISG Traders Ltd. Versus Commissioner of Income-tax, West Bengal-III, Kolkata. For the Appellant: Mr. J.P. Khaitan, Mr. Agnibesh Sengupta, Mr. A.K. Dey. For the Respondent: Mr. Dipak Kumar Shome, Mr. Aniket Mitra. Heard on: 15.09.2011. Judgment on: 22nd September, 2011. Bhaskar Bhattacharya, J.: This appeal under Section 260A of the Income-tax Act, 1961 ("Act") is at the instance of an assessee and is directed against an order dated 29th May, 2002 passed by the Income-tax Appellate Tribunal, "C" Bench, Kolkata, in Income-tax Appeal being ITA No.349 (Kol) of 2002 for the Assessment Year 1998-99 by which the Tribunal allowed the appeal preferred by the Revenue and set aside the order passed by the CIT (Appeals). 2 Being dissatisfied, the assessee has come up with the present appeal. The fact...
M/S. Kunwar and Co. Pvt. Ltd Vs. the State of West Bengal and ors
Court: Kolkata
Decided on: Sep-22-2011
GA No. 1954 of 2011 WP NO.576 OF 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S. KUNWAR and; CO. PVT. LTD. VersusTHE STATE OF WEST BENGAL and; ORS. BEFORE:The Hon'ble JUSTICE DEBASISH KAR GUPTA Date : 22nd September, 2011. MR.SAIBAL MUKHERJEE,ADVOCATE FOR PETITIONER MR.HIRANMOY BHATTACHARYYA,ADVOCATE FOR RESPONDENT MR.R.A.AGARWAL,ADVOCATE FOR STATE The Court : This is an application filed by the respondent no.3 under Section 17B of the Industrial Disputes Act, 1947 for a direction upon the petitioner company for payment of full wages to him pending the writ application. 2 The subject matter involved in this writ application is an Award dated November 12, 2010 passed by the learned Judge First Industrial Tribunal in case no.VIII- 62/2006. By virtue of the above Award the learned Tribunal directed the petitioner company to reinstate the respondent no.3 with back wages at the rate of 30% from the date of termination of his service, i.e. from July 1,...
Suresh Kumar Rungta and ors Vs. Roadco (India) Private Limited and
Court: Kolkata
Decided on: Sep-22-2011
1 A.P.O. No. 17 of 2011 A.C.O. No.99 of 2010 C.A. No. 592 of 2009 C.P. No. 298 of 2002 C.A. No. 167 of 2002 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDEPRESENT:The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA ANDThe Hon'ble JUSTICE SYAMAL KANTI CHAKRABARTI Suresh Kumar Rungta and; ors. Vs. Roadco (India) Private Limited and; ors. Judgment on: 22.09.2011.K.J. Sengupta, J.:- This is an appeal against the judgment and order of the learned Trial Judge of the Company Court dated 9th June, 2010 by which the appellants' application for recalling order dated 16th June, 2003 sanctioning the scheme of amalgamation between the respondents and also for cancellation of the scheme of amalgamation between the respondents and for reversal of respondent companies to their original position as prevailing prior to the sanction of the scheme and consequential direction upon the Registrar of Companies and Official Liquidators has been rejected. While rejecting the said application the...
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