Kolkata Court September 2011 Judgments
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Union of India Vs. Tantia Construction Co. Ltd
Court: Kolkata
Decided on: Sep-20-2011
AP No. 176 of 2003 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNION OF INDIA Versus TANTIA CONSTRUCTION CO. LTD. BEFORE: The Hon'ble JUSTICE I. P. MUKERJI Date : 20th September, 2011. Mr. V.S. Mishra...for petitioner. Mr. A. Chatterjee, senior advocate, Ms. I. Banerjee, Mr. S.K. Baid...for respondent. The Court : The petitioner is the North Western Railway. This is an application for setting aside of an award made on 28th March, 2003 by a retired Judge of this Court. The learned Arbitrator was appointed in a Section 11 application by this Court. That does not mean that automatically an application to set aside the award under Section 34 of the Arbitration and Conciliation Act, 1996 is competent before this Court. Such application would only be competent if a suit was competent on the cause of action pleaded in the application. The party involved is North Western Railway, which has no operation or office within the jurisdiction of this Court. The c...
The Board of Trustees for the Port Vs. Unknown
Court: Kolkata
Decided on: Sep-20-2011
1 G. A. No. 3240 of 2005 G. A. No. 3239 of 2005 C.S. No. 222 of 1992 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE IN THE MATTER OF:- THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA -V- SITARAM JHUNJHUNWALAAppearance:Mr. Joydeep kar, Adv.,Mr. Sandip Kumar De, Adv. ......For the Plaintiff/Decree Holder.Mr. Malay Kumar Ghosh, Adv.,Mr. Amitabh Ghosh, Adv.,Mr. P. K. Tulsyan, Adv. ......For the Defendant/Judgment Debtor.BEFORE:THE HON'BLE MR. JUSTICE MAHARAJ SINHA.DATE: 20-09-2011. The Court: - This is an application, G.A. No. 3239 of 2005 for setting aside of an ex parte decree dated 28 June 1993 passed in the above suit, C.S. No. 222 of 1992, there is also an application of the 2judgment-debtor for condonation of delay in making the application for setting aside the ex parte decree in question. I would first deal with the application for condonation of delay and then the merits of the application of setting aside the ex parte decree in question one after...
M/S. Build Tech. Inn. Pvt Vs. Unknown
Court: Kolkata
Decided on: Sep-19-2011
CP No. 173 of 2007 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : M/S. BUILD TECH. INN. PVT. LTD. AND IN THE MATTER OF : SHRI FEKU SINGH CHHETRI BEFORE:The Hon'ble JUSTICE I. P. MUKERJIDate : 19th September, 2011. MR.R.K.JAISWAL, MR.P.DAS, MR.S MAZI,ADVOCATES FOR PETITIONING CREDITOR MR.UTPAL BOSE,SR.ADVOCATE, MR.S.LAHIRI,ADVOCATES FOR COMPANY MS.R.SIKDAR,ADVOCATE FOR OFFICIAL LIQUIDATOR The Court : This is an application for winding up of the company coming up for final orders. An order of winding up of this company was passed earlier and 2 for a substantial length of time, the Official Liquidator was in possession of the assets and other properties of this company. Before I proceed to deal with the merits of this application, some history of the proceedings has to be recounted. By an order dated 8th October 2007 passed by the learned company Judge, the winding up application was admitted. This order was passed, while the company stayed away from...
Bithal D Mundhra and ors Vs. the Registrar of Companies, West
Court: Kolkata
Decided on: Sep-19-2011
CP No.134 of 2010 CA No.304 of 2010 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE In the matter of: Bithal D Mundhra and; Ors. Versus The Registrar of Companies, West Bengal Before:The Hon'ble JusticeI.P. MukerjiDate: 19.09.2011 Appearance: Ms. Manju Bhuteria Adv., Mr. Amal Kr. Mukhopadhyoy Adv., The Court: This is an application under Section 633(2) of the Companies Act, 1956. The Central Government made an inspection under Section 209A of the Companies Act, 1956 with regard to the Company Simplex Infrastructures Ltd. They issued a notice dated 8th October, 2009 to all the Directors of the Company inter alia alleging violation of Section 300(1) of the Act. A day later than six months, on 9th April, 2010, a show cause notice was issued by them to these Directors specifically alleging such violation. 2 The specific charge was that the Chairman and Managing Director of the Company Mr. B.D. Mundhra and Mr. Rajiv Mundhra had participated in the meeting of the Board of ...
Union of India Vs. Supriya Kumar Saha
Court: Kolkata
Decided on: Sep-19-2011
1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION PRESENTHon'ble Justice Ashoke Kumar Dasadhikari A.P. NO. 296 OF 2007 UNION OF INDIA VS. SUPRIYA KUMAR SAHA For the Petitioner : Mr. P. S. Basu, Sr. Adv. Mrs. Aparna Banerjee, Adv.For the Respondent : Mr. Deepak Basu, Sr. Adv. Heard On : 25.02.2011, 14.03.2011, 11.04.2011, 18.04.2011, 19.04.2011, 26.04.2011, 03.05.2011, 04.05.2011, 11.05.2011, 16.05.2011, 18.05.2011, 19.05.2011, 06.06.2011, 08.06.2011, 10.06.2011, 13.06.2011, 28.06.2011. Judgement on : 19.09.2011. ASHOKE KUMAR DASADHIKARI, J. : The petitioner Union of India filed the application under Section 34 of the Arbitration and Conciliation Act through the 2 General Manager, Eastern Railway under the Ministry of Railways thereby questioning the award passed by the learned Arbitrator on 15th June, 2007. The petitioner issued the open tender in the month of May, 1996 being Tender No. 8/96-97. In response to that open Tender the respondent submitted his quotation ...
Amal Kumar Ghosh Vs. the General Manager Eastern Railway and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Sep-19-2011
S. Coari, Ld. Member: 1. The present Appeal has been directed against the judgment and order dt. 30.9.10 passed by District Consumer Disputes Redressal Forum, Kolkata, Unit-II, in Case No. CDF/Unit-II/C.C.No. 405 of 2009 wherein the Ld. District Forum dismissed the petition of complaint on contest without any order as to cost. 2. The case of the Appellant/Complainant before the Ld. District Forum, in brief, was that on 21.10.08 the complainant being accompanied by his wife was returning from Varanasi by availing 2334-Dn Bibhuti Express. The complainant was the bonafide passenger having purchased valid tickets for the journey. According to the complainant, after boarding the train the complainant put his suitcase containing valuables including SBI ATM card belonging to his wife with the help of an iron chain underneath the berth occupied by them. It was the further case of the complainant that in the following morning it came to the notice of the complainant that the suitcase containi...
Government of Tripura Through Its Joint Resident Commissioner Vs. M/S. ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Sep-19-2011
Prabir Kumar Samanta, President: 1. Both sides are present through their Ld. Advocates. This complaint has been filed by the Complainant, Government of Tripura by alleging that for the purpose of holding Panchyat Election in the state of Tripura, Government of Tripura had placed orders for supplying 280 reams of pink colour papers with the specification as mentioned in the letter dated 01.07.2009 for printing of ballot papers with the O.Ps namely M/s. Pannalall Seal and Sons. It has been alleged by the Complainant that the O.Ps failed to supply such papers with required specification. As a result of which the papers supplied by the O.Ps could not be used for preparation of the ballot papers for the said election and the Complainant, Government of Tripura had to procure papers with required specification from other suppliers for holding the said Panchyat Election. Because of such deficiency it has been alleged in the complaint petition that the Complainant, Government of Tripura had...
Birla Corporation Ltd Vs. Birla Education Trust and ors
Court: Kolkata
Decided on: Sep-16-2011
1 Form No. J(2) IN THE HIGH COURT AT CALCUTTA ORIDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE PRESENT:THE HON'BLE JUSTICE ANIRUDDHA BOSE ACO No. 71 of 2011 APOT No. 281 of 2011 BIRLA CORPORATION LTD. Vs. BIRLA EDUCATION TRUST and; ORS. Advocates for Birla Corporation: Mr. Anindya Mitra (Sr. Adv.) Mr. Pratap Chatterjee (Sr. Adv.) Mr. Abhrajit Mitra Mr. Debanshu Basak Mr. Jishnu Chowdhury Mr. Sarvapriya Mukherjee Advocates for Respondent No. 7: Mr. P. C. Sen (Sr. Adv.) Mr. Soumya Roy Chowdhury Advocates for the RespondentsNo. 1 to 6: Mr. S. K. Kapoor (Sr. Adv.) Mr. S. N. Mookerji (Sr. Adv.) Mr. Jishnu Saha Mr. Ravi Kapoor Judgment On: 16.09.2011 2 ANIRUDDHA BOSE, J.:-1. This proceeding arises out of a petition filed by the respondent no. 1 to 6 before the Company Law Board (CLB) under Sections 235, 237, 247, 250, 397, 398, 402 and 403 of the Companies Act 1956. I shall refer to them as the applicants in the later part of this order. The petition has been registered as C.P. No. 1 of ...
Prasanta Kumar Mitra and ors Vs. India Steam Laundry (P) Ltd. and ors
Court: Kolkata
Decided on: Sep-15-2011
1 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CA NO. 755 OF 2011 C.P. 611 OF 1988 Prasanta Kumar Mitra and; Ors. VERSUS India Steam Laundry (P) Ltd. and; Ors. BEFOREThe Hon'ble JusticeHARISH TANDON Mr. P.C. Sen, Sr. Adv., Mr. Raj Ratna Sen, Adv., Mr. Goutam Roy, Adv., ..... for the petitioner no. 3 Mr. Joydeep Kar, Adv., Mr. Sirsanya Bandopadhyay, Adv., ..... for Indrajit Roy and; Jayati Roy Mr. Joy Saha, Adv. Mr. Debdut Mukherjee, Adv. Mr. Ranjit Kumar Mitra, Adv. ..... for Srila Mitra and; Binota Basu Mr. S. B. Mookherjee, Sr. Adv. Mr. D. N. Sharma, Adv. ..... for the respondent no. 3 Mr. S. N. Mukherjee, Sr. Adv. Mr. D. Basu, Adv. ..... for the respondent no. 4 Heard On : 24.8.2011, 29.8.2011, 30.8.2011 and; 1.9.2011 Judgment On : 15.9.2011 2 HARISH TANDON, J : This application is pressed for an interim order of formation of Interim Committee of management under the Chairmanship of the special officer to manage, supervise and conduct the affairs...
Arambagh Hatcheries Ltd. And Vs. Employees' Provident Fund
Court: Kolkata
Decided on: Sep-15-2011
WP No. 1610 of 2006 GA No. 143 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ARAMBAGH HATCHERIES LTD. AND ANOTHER Petitioners Versus EMPLOYEES' PROVIDENT FUND ORGANISATION and; Respondents ORS. For Petitioner : Mr. Soumya Majumdar, Advocate. Mr. Sunny Nandy, Advocate. For Respondents : Mr. S. C. Prasad, Advocate. BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date : 15th September, 2011. The Court : This writ application is directed against an order dated September 21, 2006 passed by the respondent no.2 levying damages under section 14B of the Employees' Provident Fund (Miscellaneous Provisions ) Act, 1952 ( hereinafter referred to as the said Act ) for belated payment of the contribution of the petitioner-company under the Employees' Provident Fund Scheme, 1952 for the period from June, 2002 to August, 2005. Apart from assessing damages under the provisions of section 14B of the said Act, the interest has also been levied under 2 section 7Q of t...
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