Kolkata Court October 2012 Judgments
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Hdfc Bank Limited Vs. Amit Roy Chowdhury and Another
Court: Kolkata
Decided on: Oct-04-2012
Sanjib Banerjee, J. The first respondent has seriously questioned the propriety of this court to receive the petition under Section 9 of the Arbitration and Conciliation Act, 1996 only at the very last stage of the final hearing. But it cannot be said that such ground was not indicated earlier. It is evident that the first respondent expressed his reservation on such aspect when he was represented for the first time in course of the proceedings. The ground is also squarely taken in the affidavit filed by the first respondent. However, the minor matter as to territorial jurisdiction was relegated to the back-burner upon a startling allegation being made by the first respondent against the receiver appointed in the matter and the objection appeared to have been given up till resurrected just at the end. The undisputed facts are that the petitioner financed the acquisition of two assets by the first respondent. The second respondent guaranteed due payment of the money due under the agreem...
Ujjal Mali @ Baltu and Others Vs. the State of West Bengal
Court: Kolkata
Decided on: Oct-04-2012
Kanchan Chakraborty, J. This two appeals had arisen out of one judgment dated 5th October, 2010 passed by the learned Sessions Judge Dakshin Dinajpur at Balurghat in Sessions Case No.156 of 2009 (S.T.No.81 of 2009) thereby convicting Ujjal Mali @ Baltu (Appellant in C.R.A.691 of 2010) and Biswanath Mondal @ Bega, Shiben Sarkar @ Shibu, Gopal Saha (Appellants In C.R.A.663 of 2010) for committing offence under Section 399/402 of the I.P.C. and Narayan Chowhan (one of the appellants in C.R.A.663 of 2010) for committing offence under Section 399/402 of the I.P.C. read with Section 25 (i) (a) of the Arms Act and sentencing them to suffer R.I. for seven years each with fine and five years with fine, respectively. Narayan Chowhan was also sentenced for five years more under Section 25 (i) (a) of the Arms Act besides the offence under Section 399/402 of the I.P.C. The case of the prosecution before the learned Trial Court was that Dharmadeb Chatterjee, Inspector-in-charge of Balurghat Police S...
Srei Equipment Finance Private Limited Vs. Mr. Radhakrishnan Dheuram D ...
Court: Kolkata
Decided on: Oct-03-2012
AP No.62 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus Mr.RADHAKRISHNAN DHEURAM DHANJAL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :3. d October, 2012. Appearance: Mr.S.Banerjee, Adv.The Court : A piquant situation has arisen upon the respondents trying to deceive Courts of law. This is a post-award petition under Section 9 of the Arbitration and Conciliation Act, 1996. The respondents were represented at an earlier stage and had asserted that a previous petition under Section 9 of the 1996 Act had been filed before a Court in Nasik. It then transpired, as is recorded in at least one previous order made on the present petition, that the Nasik Court had dismissed the petition as not maintainable. Since the Court had dismissed the petition as not maintainable, the authority of the Court to receive the petition had not been properly invoked and Section 42 of the Arbitration and Conciliati...
Srei Equipment Finance Pvt. Ltd. Vs. Multitech Corporation and anr.
Court: Kolkata
Decided on: Oct-03-2012
AP No.223 of 2012 GA No.2227 of 2012 GA No.2381 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus MULTITECH CORPORATION & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :3. d October, 2012. Appearance: Mr.Satarup Banerjee, Adv.Mr.Goutam Chaudhury, Adv.The Court : A cheque for Rs.3 lakh was handed over by the respondents to the petitioner in Court on September 24, 2012. However, the cheque is dated October 10, 2012 and the respondents say that it will be honoured on presentation. The respondents offer to make an immediate payment of a further sum of Rs.3 lakh, thus making a total payment of Rs.6 lakh (inclusive of post-dated cheque of October 10, 2012).Since the matter has been adjourned from time to time due to a personal difficulty to one of the respondents but no substantial payment has been made, a Receiver is liable to be appointed to take possession of the asset that forms the subject-matter of the...
Calicut Engineering Works Ltd. Vs. Simplex Engineering Foundry Works P ...
Court: Kolkata
Decided on: Oct-03-2012
ORDER SHEET GA No.2392 of 2012 EC No.39 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CALICUT ENGINEERING WORKS LTD.Versus SIMPLEX ENGINEERING FOUNDRY WORKS PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :3. d October, 2012. Appearance: Mr.Rudradeb Chowdhury, Advocate Mr.Amitesh Banerjee, Advocate Mr.T.Seal, Advocate Mr.J.Bhahamachan, Advocate Mr.D.Mukherjee, Advocate The Court: The decree was passed by this Court in favour of the plaintiff on 30th June, 2005. The application to set aside the decree was dismissed. Thereafter an application was made to set aside or recall this order. In that application this Court by an order dated 28th July, 2006, directed the defendant to furnish a bank guarantee for Rs.8,50,000/- in favour of the Registrar, Original Side of this Court. This bank guarantee was furnished by the defendant in favour of the Registrar, Original Side. The bank was Dena Bank. A term of the bank guarantee provided that in case t...
National Insurance Co. Ltd.and anr. Vs. S.B.Overseas Ltd. and anr.
Court: Kolkata
Decided on: Oct-03-2012
G.A.2590 of 2012 APOT 45 of 2012 A.P.O.of 2012 W.P.633 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side NATIONAL INSURANCE Co.LTD.& ANR. Versus S.B.OVERSEAS LTD.& ANR. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE MRINAL KANTI SINHA Date :3. d October, 2012. For the Appellants : Mr.Abhijit Gangopadhayaya with Ms.Supriya Dubey, Advocates For the Respondents : Mr.Joydip Kar with Mr.S.K.Mal, Mr.Atanu Raichowdhury Mr.Dibanath Dey, Advocates THE COURT : By the impugned learned Trial Court admitted the writ petition order, the overruling a preliminary objection and in doing so, the learned Court made the following observations : Whether or not the Court would entertain a grievance arising out of contractual matters must be determined on appreciation of the peculiar facts of each case and no straight jacket formula can be laid down in that respect. The Court might entertain a writ petition even in respect of contractual disputes, as would...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Oct-03-2012
CA No.678 of 2012 CP No.500 of 2010 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION RE: M/S.RAM SWARUP INDUSTRIES LTD.-ANDRE: SBI GLOBAL FACTORS LTD.& M/S.RAM SWARUP INDUSTRIES BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :3. d October, 2012. Appearance: Mr.Samit Talukdar, Sr.Adv.Ms.Ahana Sikdar, Adv.The Court : This is an application by the company seeking modification of the order of admission that was alrready modified subsequent to the admission by deferring the date of the payment of the fiRs.instalment. The petition was admitted on June 5, 2012 and a sum of Rs.36 crore was permitted to be paid by the company in 36 equal monthly instalments beginning August 20, 2012. The company thereafter sought a postponement of the date of the payment of the fiRs.instalment whereupon the company was permitted to make the payment of the initial sum of Rs.1 crore by September, 2012. The month of September has passed and the company not seeks to offer a sum of Rs.20 lakh immediately and se...
Sanjay Bansal Vs. the Bengal Dooars National Tea Co.Ltd.
Court: Kolkata
Decided on: Oct-03-2012
ORDER SHEET APO No.206 of 2012 With CP No.123 of 2008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction SANJAY BANSAL Versus THE BENGAL DOOARS NATIONAL TEA CO.LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :3. d October, 2012. Mr.K.C. Garg, Ms.Sunita Agarwal for the appellant. Ms.Manju Bhuteria, Mr.Rajarshi Dutta, Mr.A.P. Agarwalla for the respondent. The Court : The parties allegedly entered into a financial arrangement. The appellant claims to have invested huge sums when the respondent was in financial stringency. The appellant also claims that the respondent issued cheques to the extent of Rs.48,07,400/- during the period November 30, 2006 and July 30, 2007. All cheques were dishonoured for non-payment. The appellant issued a notice of demand. The appellant also initiated proceedings under Section 138 of the Negotiable Instruments Act that are pending before the appropriate criminal court. The present appeal would relate to a winding...
Dhanya Agroindustrial Pvt. Ltd. Vs. Pravesh Dhandhania
Court: Kolkata
Decided on: Oct-03-2012
EC No.221 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Dhanya Agroindustrial PVT.LTD.Versus Pravesh Dhandhania Before: The Honble Justice I.P.MUKERJ.Date:3. d October 2012 Appearance: Mr.Tilak Bose, Sr.Advocate Mr.Joydeep Roy, Advocate Mr.Samrat Sen, Advocate Mr.Sukrit Mukherjee, Advocate Mr.Paritosh Sinha, Advocate for the plaintiff Mr.P.K. Ghosh, Sr.Advocate Mr.R.R. Sen, Advocate Ms.Soma Banerjee Chakrabotry, Advocate Mr.A.P. Gomes, Advocate Ms.A.Jain, Advocate For the defendant Mr.P.K. Ghosh, learned Senior Advocate appearing for the judgment-debtor takes the point of maintainability. He submits that the original documents as required by Section 47 of the Arbitration and Conciliation Act, 1996 were not made available to the Court at the time of filing of the application. Secondly, this Court has got no territorial jurisdiction to entertain this execution application, relying on the explanation to the said section. It is said that the judgment-debtor doe...
M/S. Hill View Coal Pvt Ltd and anr Vs. Srei Equipment Finance Pvt Ltd
Court: Kolkata
Decided on: Oct-03-2012
1 ORDER SHEET G.A.No.2656 of 2012 APOT No.464 of 2012 AP No.499 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.HILL VIEW COAL PVT LTD & ANR Versus SREI EQUIPMENT FINANCE PVT LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :3. d October, 2012. Appearance: Mr.Rupak Ghosh, Mr.Subhasis Sengupta with Mr.R.K. Mittal and Mr.A.Chakraborty, Advocates For the appellant. Mr.Utpal Bose with Mr.Satarup Banerjee, Advocates For the respondent. The Court :- The appeal was filed without a certified copy. In paragraph 42 of the petition, it was contended that the petitioner applied for certified copy. On enquiry, we came to knot that no such application was made. copy Subsequently, was obtained an and application filed in was Court. made Let and the accepted. We deprecate the conduct of the appellant. certified same be The appeal would relate to a lease agreement by which 28 assets said to be belonged to the respondent were lea...
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