Kolkata Court January 2012 Judgments
Ghanshyam Sharma and anr Vs. South City Projects (Kolkata)
Court: Kolkata
Decided on: Jan-31-2012
GA No. 143 of 2012 AP No.139 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GHANSHYAM SHARMA and; ANR. Versus SOUTH CITY PROJECTS (KOLKATA) LIMITED BEFORE:The Hon'ble JUSTICE SANJIB BANERJEEDate : 31st January, 2012. APPEARANCE: Mr. Utpal Bose, Adv. Mr. Supratim Laha, Adv. Mr. Sumanta Biswas, Adv. Mr. Arnab Sardar, Adv. ..for the petitioners Mr. Abhrajit Mitra, Adv. Mr. Jishnu Chowdhury, Adv. ..for the respondent The Court : GA No. 143 of 2012 is an application for recalling an order dated December 22, 2011 passed on a request under Section 11 of the Arbitration and Conciliation Act, 1996. In view of the grounds shown, the order dated December 22, 2011 is recalled and 2 AP No.139 of 2011 is restored to the file. G.A.No.143 of 2012 is allowed without any order as to costs. By consent of the parties, AP No. 139 of 2011 is immediately taken up by treating the matter as on the day's list. The request under section 11 of the Arbitration and Concili...
Tag this Judgment!Sustainable Ems Llc Vs. Lee Harris Pomeray Architects Pc
Court: Kolkata
Decided on: Jan-31-2012
CS No. 205 of 2011 GA NO.3366 OF 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUSTAINABLE EMS LLC Versus LEE HARRIS POMERAY ARCHITECTS PC [LHPA] and; ORS. BEFORE: The Hon'ble JUSTICE I. P. MUKERJI Date : 31st January, 2012. Mr. R. Bachawat...appears. Mr. J. Gupta...appears. The Court : In an identical case, GA No.2298 of 2011 connected with CS No.80 of2011 [Sustainable EMS LLC vs. LEE Harris Pomeroy Architects PC [LHPA] and; Ors.] I haddismissed the suit on 25th January, 2012 by passing an order in terms of prayer [b] ofthe notice of motion. It is appropriate to read that judgment and order, which is asfollows : " This is an application by the first defendant. They are an American Company, having their headoffice in Broadway, New York. They want dismissal of the suit filed by the plaintiff, also an AmericanCompany, having their head office in Jersey City, New Jersey. Reliefs are claimed only against the firstdefendant. The second defendant did ...
Tag this Judgment!Ghanshyam Sharma and anr. Vs. South City Projects (Kolkata) Limited
Court: Kolkata
Decided on: Jan-31-2012
GA No.143 of 2012 AP No.139 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GHANSHYAM SHARMA & ANR. Versus SOUTH CITY PROJECTS (KOLKATA) LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :31. t January, 2012. APPEARANCE: Mr.Utpal Bose, Adv.Mr.Supratim Laha, Adv.Mr.Sumanta Biswas, Adv.Mr.Arnab Sardar, Adv..for the petitioners Mr.Abhrajit Mitra, Adv.Mr.Jishnu Chowdhury, Adv..for the respondent The Court : GA No.143 of 2012 is an application for recalling an order dated December 22, 2011 passed on a request under Section 11 of the Arbitration and Conciliation Act, 1996. In view of the grounds shown, the order dated December 22, 2011 is recalled and AP No.139 of 2011 is restored to the file. G.A.No.143 of 2012 is allowed without any order as to costs. By consent of the parties, AP No.139 of 2011 is immediately taken up by treating the matter as on the days list. The request under section 11 of the Arbitration and Conciliation Act, 1996 has be...
Tag this Judgment!Swapan Kumar Ghosh Vs. West Bengal Board of Secondary
Court: Kolkata
Decided on: Jan-31-2012
WP No.50 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SWAPAN KUMAR GHOSH Versus WEST BENGAL BOARD OF SECONDARY EDUCATION THROUGH THE SECRETARY & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :31. t January, 2012. Mr.Swapan Dutta, Mr.Dipankar Das Gupta, Adversus for the petitioner Mr.Himadri Barua, Mr.Biswajit Das, Adversus for West Bengal Board of Secondary Education The Court : The petitioner submitted an application form for correction of his date of birth in the records maintained by the West Bengal Board of Secondary Education. The date of birth of the petitioner was recorded in the Register maintained by the West Bengal Board of Secondary Education which shows that 4th May, 1955 was recorded therein as the date of birth of the petitioner. The petitioner passed the Higher Secondary Examination in 1972. Long thereafter the petitioner submitted the said application for correction of his date of birth. The petitioner not claims tha...
Tag this Judgment!Sandeep Kr. Singhania and ors.Appellants Vs. Champalal Jhunjhunwalares ...
Court: Kolkata
Decided on: Jan-31-2012
APOT No.39 of 2012 G.A.No.224 of 2012 G.A.225 of 2012 C.S.291 of 1991 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side SANDEEP KR. SINGHANIA & ORS.Versus CHAMPALAL JHUNJHUNWALA Appellants Respondent For Appellant : Mr.A.Roy with Mr.Samrat Sengupta, Advocates For Respondents : Ms.Pooja Das Chowdhury with Ms.Anjana Banerjee, Advocates BEFORE: The Hon'ble the CHIEF JUSTICE The Hon'ble JUSTICE SAMBUDDHA CHAKRABARTI Date :31. t January, 2012. THE COURT : This is an application under section 5 of the Limitation Act for condonation of delay in filing the present appeal. It appears that the petitioners have taken, amongst otheRs.erstwhile learned initially entrusted the advocate with ground who, the task of negligence according of to filing of the them, was the appeal. According to the petitioneRs.the learned advocate named in the application had neglected to take steps and the delay has been caused on that account. Since the allegation against an advocate has been leve...
Tag this Judgment!Sustainable Ems Llc Vs. Lee Harris Pomeray Architects Pc [Lhpa] and or ...
Court: Kolkata
Decided on: Jan-31-2012
CS No.205 of 2011 GA NO.3366 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUSTAINABLE EMS LLC Versus LEE HARRIS POMERAY ARCHITECTS PC [LHPA].& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :31. t January, 2012. Mr.R.BachawatappeaRs.Mr.J.GuptaappeaRs.The Court : In an identical case, GA No.2298 of 2011 connected with CS No.80 of 2011 [Sustainable EMS LLC versus LEE Harris Pomeroy Architects PC [LHPA].& Ors.].I had dismissed the suit on 25th January, 2012 by passing an order in terms of prayer [b].of the notice of motion. It is appropriate to read that judgment and order, which is as follows : This is an application by the fiRs.defendant. They are an American Company, having their head office in Broadway, New York. They want dismissal of the suit filed by the plaintiff, also an American Company, having their head office in Jersey City, New Jersey. Reliefs are claimed only against the fiRs.defendant. The second defendant did not appear at the ...
Tag this Judgment!Gobindo Ghosh Vs. M/S. Anjuna Resorts Pvt. Ltd.
Court: Kolkata
Decided on: Jan-31-2012
GA No.2925 of 2011 CS NO.216 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GOBINDO GHOSH Versus M/S.ANJUNA RESORTS PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :31. t January, 2012. Mr.D.Basu, senior advocate, Mr.U.Bose, Mr.R.Dutta...appear. Mr.Joy Saha, Mr.A.Seal...appear. The Court : The dispute between the parties was with regard to 34 rooms in a premises. According to the plaintiff the defendant had agreed to buy this part of the premises. The suit was founded on a claim for unpaid consideration. Now, the claim of the plaintiff seems to be that pending the suit the defendant has dispossessed the plaintiff from six other rooms in the premises. By my earlier orders dated 24th November, 2011 and 16th December, 2011 a Special Officer was appointed to report the position to the Court. According to his report as noted by me in my order dated 16th December, 2011 the defendant was in possession of the six rooMs.In such circumstances, I direc...
Tag this Judgment!Prasanta Kumar Mitra and ors. Vs. India Steam Laundry (P) Ltd. and ors ...
Court: Kolkata
Decided on: Jan-31-2012
ORDER SHEET CA No.485 of 2011 With CP No.611 of 1988 CA No.493 of 2011 CA No.755 of 2011 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE In the matter of: PRASANTA KUMAR MITRA & ORS.VERSUS INDIA STEAM LAUNDRY (P) LTD.& ORS.Before: The Honble Justice HARISH TANDON Date. 31.01.2012 Appearance: Mr.D.N.Sharma Adv., Mr.D.Basak, Adv., Mr.Amiya Kr. Sur, Adv.Mr.Joy Saha, Adv.Mr.Joydip Kar, Adv.MRS.R.S.Mitra Adv.The Court: After passing the order dated 30th January, 2012 but before signing the said order it is detected that Mr.Sahas and Mr.Kars clients are not added in CA No.755 of 2011 and as such there is no occasion to pass direction upon the department concerned to effect the necessary amendments in the cause title of CA No.755 of 2011. The matter is listed as To be mentioned. today. The parties before me are unanimous that there is no order for addition of Mr.Sahas and Mr.Kars clients in CA No.755 of 2011 whereas the addition was allowed by this Court on earlier occasion in respect of CA No.48...
Tag this Judgment!Kanika Dutta Vs. Shirshendu Dutta
Court: Kolkata
Decided on: Jan-31-2012
GA No.105 of 2012 AP No.219 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KANIKA DUTTA -VersusSHIRSHENDU DUTTA Appearance: Mr.Rupak Ghosh, Adv.Mr.Deb Kumar Sen, Adv...For the petitioner. Mr.Raja Basuchowdhury, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :January 31, 2012. The Court : The application is by one of the two partners of a firm which has the only business of running a cinema hall in Howrah. The applicant is the petitioner in A.P.No.219 of 2007. At the behest of the respondent an order was made on November 17, 2011 permitting the respondent to carry on the business, but the order clearly specified that such business was to be carried on by the respondent under the Receiver and the Receiver will make every endeavour to facilitate the business, including signing of cheques upon the Receivers satisfaction that the expenses are necessary. In addition, the respondent was also required to furnish weekly accou...
Tag this Judgment!Srei Equipment Finance Pvt. Ltd. Vs. Madhava Hytech Engineers Pvt. Ltd ...
Court: Kolkata
Decided on: Jan-31-2012
AP No.589 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus MADHAVA HYTECH ENGINEERS PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :31. t January, 2012. Appearance: Mr.Satarup Banerjee, Adv.The Court : The respondents are not represented despite previous service and despite specific intimation of the offer received for sale of one of the assets that formed the subject-matter of the agreement between the parties. An offer of Rs.8 lakh has been received for the roller which cost about Rs.23 lakh in 2008. Since the respondents are not interested and the present offer is an improvement on a previous offer for the same asset, the sale of the roller is confirmed in favour of Ms.Puja Jain of Puja Buildcon, Indore, Pin.452002 at Rs.8 lakh subject to the entire consideration being received within a period of three weeks from date. The Receiver will require the offerer to make over a bank draft or pay ...
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