Kolkata Court September 2011 Judgments
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State of West Bengal and ors Vs. Lgw Ltd. and anr
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 KALYAN JYOTI SENGUPTA ANDTHE HON'BLE MR. JUSTICE SYAMAL KANTI CHAKRABARTI A.P.O. No.343 of 2010 with W.P. No.153 of 2009 State of West Bengal and; Ors. Versus LGW Ltd. and; Anr. Judgement on : 22.09.2011 SYAMAL KANTI CHAKRABARTI, J.:- This appeal is directed against the judgment and order dated 8th June, 2010 passed by the learned Single Judge of this Court in the above writ petition. By the judgment and order learned Trial Judge has been pleased to allow the prayer of the writ petitioner directing the respondents to make the plot in question available to the petitioners immediately. This matter has chequred history which is shortly put hereunder:- 2 The respondent-writ petitioner had and has been carrying on business of cotton yarn, and as such it had and still has been supplying this material to reputed manufacturers in India and on export, to Bangladeshi customers. While carry...
M/S. Eastern Coalfield Ltd Vs. Mulchand Yadav and ors
Court: Kolkata
Decided on: Sep-22-2011
1 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present:THE HON'BLE MR. JUSTICE KALYAN JYOTI SENGUPTA ANDTHE HON'BLE MR. JUSTICE SYAMAL KANTI CHAKRABARTI A.P.O. No.82 of 2010 with W.P. No.478 of 2009 M/S. EASTERN COALFIELD LTD. Versus MULCHAND YADAV and; ORS. For Petitioner : Mr. Bijoy Kumar, Advocate For Respondent : Mr. S. S. Arefin, Advocate Mr. U. S. Agarwalla, Advocate Ms. Farida Khatoon, Advocate Heard on : 18.03.2011, 19.04.2011, 28.04.2011 and 16.05.2011.Judgement on : 22.09.2011 SYAMAL KANTI CHAKRABARTI, J.: 2 The present appeal is directed against judgement and order dated 05.02.2010 read with order dated 01.03.2010 passed by learned Single Bench of this Hon'ble Court in Writ Petition No. 478 of 2009. By the said order the Hon'ble Single Judge has in substance allowed the prayer of the petitioner for correction of his date of birth from 01.07.1949 to 07.10.1956 and set aside the notice of superannuation dated 21.04.2009 issued against the writ ...
Present : the Hon'Ble Justice Vs. Structcon
Court: Kolkata
Decided on: Sep-22-2011
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present :The Hon'ble Justice Sengupta AndThe Hon'ble Justice Joymalya Bagchi 22.09.2011 APOT 421 of 2011 GA 2821 of 2011 AP 235 of 2010 State Bank of India Vs. Structcon The Court :- There will be an order in terms of prayer (a) of the Notice of Motion. This appeal is sought to be preferred against the order dated 15th March, 2011 by which the learned Trial Judge has been pleased to pass an order under Section 11 of the Arbitration and Conciliation Act, 1996 holding that there has been an arbitral dispute. As such the matter has been referred to the Hon'ble designated Judge for appointment of Arbitrator. The question of appealability has been raised. We think that this order is not appealable in view of Section 37 of the said Act which reads as follows :- (1) An appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing...
State of West Bengal, Public Works Vs. Afcons Infrastructure Ltd
Court: Kolkata
Decided on: Sep-22-2011
1 A.P.O. No. 85 of 2011 A.P.O.T. No.74 of 2011 A.P. No.23 of 2005 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 State of West Bengal, Public Works (Roads) Department Vs. AFCONS Infrastructure Ltd. Judgment on: 22.09.2011.K.J. Sengupta, J.:- The above appeal has been preferred against the judgment and order dated 6th January, 2011 passed by the learned Single Judge of this Court by which challenge to the award of the learned Arbitral Tribunal dated 30th September, 2004 as corrected on 28th October, 2004 has been rejected. The short fact leading to taking action by the appellant before learned Trial Judge to challenge the award passed by the learned Arbitrators and its preferring the instant appeal is shortly put hereunder:- The respondent-claimant through an International Competitive Bidding secured the contract awarded by the appellant for execution of works of i...
Jagmohan Kothari Vs. Smt. Jamuna Devi Kothari
Court: Kolkata
Decided on: Sep-21-2011
APO No. 749 of 1992 GA No. 2918 of 2006 CS No. 1224 of 1950 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE JAGMOHAN KOTHARI Versus SMT. JAMUNA DEVI KOTHARI Appearance: Mr. S. Pal, Advocate Mr. Dipankar Dhar Mr. R.K. Yadav, Advocate Mr. S. DuttaBEFORE:The Hon'ble JUSTICE BHATTACHARYAThe Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI Date : 21st September, 2011. Re : Attaching Creditor No.2 Seen the affidavit affirmed by the attaching creditor no.2, namely M/s. Nemchand Bansilal. It appears that the said attaching creditor obtained a decree in Suit No. 104 of 1953 and in execution of that decree a sum of Rs.5,500/- lying in the hands of the then Receiver in Suit No. 1224 of 1950 was attached. 2 There is, however, no material to show whether the alleged decree passed in Suit No. 104 of 1953 has attained finality or not, nor is there any material indicated whether any execution case has at all been levied for execution of the said decree and whether such execution cas...
Karnani Properties Ltd. and ors Vs. State of West Bengal and ors
Court: Kolkata
Decided on: Sep-21-2011
GA No. 887 of 2011 CS No. 62 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KARNANI PROPERTIES LTD. and; ORS. -Versus- STATE OF WEST BENGAL and; ORS. Appearance: Mr. Ratnanko Banerjee, Adv. with Mrs. Lopita Banerjee, Adv. Mr. Neelesh Chowdhury, Adv. ..for the plaintiff Mr. P. Nath, Adv. with Mr. Paritosh Sinha, Adv. ...for the State Mr.Dhruba Ghosh, Ad. ..for the Association Mr. Asish Chakraborty, Adv. ..for the Mocambo Restaurant Mr. Somnath Bose, Adv. ...for the CESC Mr. Achintya Banerjee, Adv. with Mr. Debangshu Mondal, Adv. ...for the KMC Mr. Ahin Chowdhury, Sr. Adv. ...Special Officer BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 21, 2011 The Court : The special officer appointed by the order dated April 13, 2011 has filed a report indicating the steps already taken and seeking directions of Court on certain specific matters. It appears from the report that a licensed electrical contractor was engaged to assess whether the ...
National Building Construction Vs. Joydeep Paul
Court: Kolkata
Decided on: Sep-21-2011
APO No. 188 OF 2011 WITH AP 529 of 2008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE NATIONAL BUILDING CONSTRUCTION CORPORATION LIMITED Versus JOYDEEP PAUL BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 21st September, 2011. Mr. Amitava Ghosh, Adv. ....... For appellant. Mr. Sarajit Mitra, Adv. ....... For respondent The Court: - This appeal concerns the judgment and order of the learned Single Judge who has refused to set aside the award of the learned Sole Arbitrator. It appears from the record that arbitration proceeding has been started way back in 1998. Before the learned Arbitrator claimant/respondent made a claim for a sum of Rs.1,20,89,063.00 on eight heads of claim together with interest. The respondent/appellant also filed their written statement. Apart from contesting the claim made by the claimant/respondent a counter claim of a sum of Rs.191.87 lac on seventeen heads, has also been made. In course o...
Mrigan Maity and Others Vs. Daridra Bandhab Bhandar and
Court: Kolkata
Decided on: Sep-21-2011
1 GA No. 3490 of 2007 GA No. 3637 of 2010 GA No. 643 of 2011 GA No. 2766 of 2011 CS No. 248 of 2004 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION MRIGAN MAITY AND OTHERS -Versus- DARIDRA BANDHAB BHANDAR AND ANOTHER For the Sate of West Bengal: Mr Anindya Kumar Mitra, Advocate General, Mr Supriyo Bose, Adv., Mr Anup Kumar Mukhopadhyay, Adv., Mr Paritosh Sinha, Adv. For the Picasona Health: Mr Jayanta Mitra, Sr Adv., Care Private Limited Mr Ranjan Bachawat, Adv., Mr Rajarshi Dutta, Adv., Mr Sudarsan Roy, Adv. . For the Defendant No. 2: Mr Indrajit Sarkar, Adv., Mr A.N. Ganguly, Adv. For persons claiming to be: Mr Jiban Ratan Chatterjee, Sr Adv., members of the Defendant Mr Sukumar Bhattacharyya, Adv., No. 1 Mr Dipendra Nath Chunder, Adv. For the Applicant in : Mr Joy Saha, Adv. GA No. 2766 of 2011Hearing concluded on: September 15, 2011. 2BEFOREThe Hon'ble JusticeSANJIB BANERJEEDate: September 21, 2011. SANJIB BANERJEE, J. : - Several years after the horse has bolte...
Wp No. 871 of 2011 Jupitar Alloys Vs. Union of India and ors
Court: Kolkata
Decided on: Sep-21-2011
1 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original SidePresent:The Hon'ble Mr. Justice Jayanta Kumar Biswas WP No. 871 of 2011 Jupitar Alloys and Steels (India) Limited and; Anr. v. Union Of India and; Ors. Mr. Kallol Bose, Mr. Dwaipayan Basumallick, and Mr. Subhankar Chakraborty, advocates, ...for the petitioners Mr. Ram Anand Agarwal, and Mr. Subrata Mukherjee, advocates, ...for the State Mr. Arijit Chakraborty, advocate, ...for the sixth respondentHeard on : 21st September, 2011Judgement on: 21st September, 2011 The Court : - The petitioners in this art.226 petition dated September 15, 2011 are questioning an award dated July 28, 2011 (at p.64) made by the West Bengal State Micro and; Small Enterprises Facilitation Council under s.18 of the Micro, Small and Medium Enterprises Development Act, 2006. One Asansol Steel Castings (P) Ltd. (the sixth respondent) is a small enterprise within the meaning of the expression defined by s.2(m) of the Micro, Small and Med...
- Great Ocean Enterprise S. a Vs. the Owners and Parties Interested
Court: Kolkata
Decided on: Sep-20-2011
Order Sheet Sheet No.1 GA No.1874 of 2011 AS No.5 of 2010 GA No.2965 of 2010 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE IN THE MATTER OF:- GREAT OCEAN ENTERPRISE S. A. Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL "M.V. DEVI GLORY 1" Appearance:- Mr.Pratap Chatterjee, Senior Advocate, Mr.Jishnu Chowdhury, Advocate, Mr.S.Mukherjee, Advocate, Ms.S. Agarwal,Advocate. ..for the Plaintiffs. Mr.Vipul Kundalia,Advocate, Ms.A.Chakraborty, Advocate. ..for the Paradeep Port Trust. Mr.Raja Basu Chowdhury, Advocate, Ms.Subrataa Chakraborty, Advocate. ..for ACE Exim PTE Ltd. Mr.Dipak Deb, Advocate. ..for the Joint Receivers. Mr.Debangshu Basak, Advocate, Mr.Ranjit Kumar Basu, Advocate, Mr.Mohim Chowdhury, Advocate. ..for the Ajmera Steels Pvt. Ltd. Mr.Tilok Bose, Advocate appears. Mr.Satarup Banerjee, Advocate appears. BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date : 20th September, 2011. The Court:-Today the matter was listed for the purpose of giving effect to th...
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