Kolkata Court October 2012 Judgments
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Gopal Navinbhai Dave and ors. Vs. Nirendranath Kar and anr.
Court: Kolkata
Decided on: Oct-17-2012
Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Ms.Justice Shukla Kabir (Sinha) A.P.O.No.383 of 2012 C.P.No.432 of 2010 Basanti Cotton Mills (1998) Private Limited And Gopal Navinbhai Dave & ORS.versus Nirendranath Kar & Anr. For the Appellant : Mr.Mr.Mr.Mr.S.N.Mukherjee, Senior Advocate Debangshu Basak, Advocate Aniruddha Roy, Advocate Deepak Jain, Advocate For the Respondent No.1 : Mr.Ratnanko Banerjee, Advocate Ms.Swapna Chowdhury, Advocate Mr.Anshuman Gupta, Advocate For the Respondent No.2 : Mr.Utpal Moitra, For the Intervener : Mr.Biswanath Chatterjee, Advocate Advocate Heard on : October 4, 9 & 10 of 2012 Judgment on : October 17, 2012 ASHIM KUMAR BANERJEE.J.Basanti Cotton Mills (1998) Private Limited was incorporated on August 12, 1998 under the provisions of the Companies Act 1956. The Directors were Gopal Navinbhai Dave, Nikhil Vasantlal Merchant and Paresh Vasantlal Me...
Tirupatinath Construction and anr. Vs. Union of India and ors
Court: Kolkata
Decided on: Oct-17-2012
AP No.615 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TIRUPATINATH CONSTRUCTION & ANR. Versus UNION OF INDIA & ORS Appearance Mr.Goutam Roy Chowdhury, Advocate Mr.L.K.Chatterjee, Advocate Ms.Aparna Banerjee, Advocate BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h October, 2012. The Court : The petition is misconceived in the sense that the matters complained of could not have been carried by way of a request under Section 11 of the Arbitration and Conciliation Act, 1996. It is not in dispute that there is an arbitration agreement between the parties contained in the general conditions governing railway contracts and, in accordance therewith, the appointing authority appointed one D. Dasgupta, an officer of Eastern Railway, as the arbitrator to take up the reference. The petitioners complain of a letter dated January 5, 2011 issued by the appointing authority to the arbitrator removing such arbitrator and appointing a new arbitrator....
Sri Tushar Kanti Roy Vs. the Eighth Industrial Tribunal, Kolkata and o ...
Court: Kolkata
Decided on: Oct-17-2012
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE W.P.No.306 of 2012 Sr.Tushar Kanti Roy Versus The Eighth Industrial Tribunal, Kolkata & ORS.For the petitioner : Mr.Pratik Dhar, Advocate Mr.R.Dutta, Advocate Ms.S.Mukherjee, Advocate For the respondents : Mr.P.S. Sengupta, Advocate Mr.S.Majumdar, Advocate Heard on :21. 08.2012 and 28.08.2012 Judgement on :17. 10.2012 The Court : The respondents Nos.2 to 4 have raised an objection about the maintainability of the present writ petition and as such the issue of maintainability is taken up as a preliminary issue. The present writ petition is directed against an Award dated November 25, 2011 passed by the learned Judge of the Eighth Industrial Tribunal in case not VIII-25 of 2007. The case of the petitioner, inter alia, is that he was a workman under the respondent No.2. In the year 1985 he was served with a show-cause notice and after an enquiry the petitioner was ultimately dismissed from service with effect fro...
Jugal Kishore Sarda Vs. Flender Limited
Court: Kolkata
Decided on: Oct-17-2012
ORDER SHEET GA No.2812 of 2012 CS No.500 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction JUGAL KISHORE SARDA Versus FLENDER LIMITED BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date:17. h October, 2012. Appearance: Mr.Rupak Ghosh with Mr.S.Sen and Mr.S.Basu, Advocates ...for the plaintiff Mr.Arindam Sinha with Mr.Siddhartha Chatterjee, Advocates ...for the defendant DICTATED ORDER The Court: This is an application praying for recalling the order dated 7th June 2011 and also for condonation of delay in filing the application. Heard Mr.Ghosh, learned counsel for the plaintiff. Mr.Ghosh draws my attention to the order passed by the earlier Bench on 7th June 2011 and submits that the petitioner may be given scope to fight out the suit on merit. Mr.Arindam Sinha, learned counsel appearing for the defendant/respondent submits that the dismissal order was passed as back as on 7th June 2011 and it is claimed by the petitioner that his learned advocate on record was unw...
Srei Equipment Finance Pvt. Ltd. Vs. Adithya Global Infra Venture (P) ...
Court: Kolkata
Decided on: Oct-17-2012
A.P.No.817 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus ADITHYA GLOBAL INFRA VENTURE (P) LTD.& ANR. Appearance Mr.Satarup Banerjee, Advocate Mr.Priyankar Saha, Advocate BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h October, 2012. The Court : A demand draft for Rs.3.50 lakh has been made over by the respondents to the petitioner in Court today. The petitioner claims that a further sum of about Rs.58 lakh is due on account of defaulted instalments, if the notice of termination were to be disregarded. The respondents seek some time to organise themselves and make payments. Ms.Sonia Dutt, Advocate, is appointed receiver for the purpose of taking possession of the assets that form the subject-matter of the agreement between the parties. However, if a further sum of Rs.10 lakh is paid by the respondents to the petitioner or to the receiver in the name of the petitioner, by way of a bankers cheque or p...
M/S.Chaudhuri Construction Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-17-2012
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Honble Mr.Kalyan Jyoti Sengupta, 17.10.2011 AP 39.of 2009 M/s.Chaudhuri Construction versus State of West Bengal The Court :- This matter cannot be dealt with any more by the Chief Justice in terms of the judgment and order dated 6th September,2011 as the Honble Supreme Court has been pleased to set aside. Hence this AP 39.of 2009 has to be heard de novo. I have heard the matter for both the parties and there is a dispute about the existence of the arbitration agreement. Only dispute is arbitrability of some of the claim as sought to be raised by the petitioner. We think this can be taken care of by the learned Arbitral Tribunal and appropriate exhaustive mechanism has been provided in the Arbitration and Conciliation Act, 1996. I accordingly appoint Mr.Suhrid Kumar Roy Chowdhury, of Bar Library Club, High Court, sole Arbitrator to enter upon the reference and to adjudicate the dispute which might be raise...
Srei Equipment Finance Private Ltd (Sefpl) Vs. Maa Ugratara Traders an ...
Court: Kolkata
Decided on: Oct-17-2012
AP No.437 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LTD (SEFPL) Versus MAA UGRATARA TRADERS & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h October, 2012. Appearance: Mr.S.Banerjee, Adv.The Court : The respondents are not represented despite previous service and despite being informed of the sale. The Receiver is in possession of an excavator loader pursuant to an earlier direction of Court and the best offer of Rs.9.50 lakh has been received for the excavator loader which cost Rs.18.90 lakh in 2010. The sale of the excavator loader is confirmed in favour of Girija Sankar Adhikari of Bhubaneswar at Rs.9.50 lakh, subject to the entire consideration being paid by a demand draft or bankers cheque or like instrument, not being a personal cheque, directly in favour of the petitioner within a period of three weeks from date. Upon the payment being received, the petitioner will adjust the same against...
Srei Equipment Finance Pvt. Ltd. Vs. Mr. Raj Kishor Das and ors.
Court: Kolkata
Decided on: Oct-17-2012
AP No.550 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus Mr.RAJ KISHOR DAS AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h October, 2012. Appearance: Mr.Satarup Banerjee, Adv.Syed Ehtesham Huda, Adv.The Court : It is undisputed that a sum in excess of Rs.17 lakh is due from the respondents to the petitioner as on date only on account of defaulted instalments, if the notice of termination were to be disregarded. The respondents offer to pay an immediate sum of Rs.12 lakh and seek an adjournment so that two defaulted instalments can be paid along with the current instalment from the month of December onwards. Since a substantial sum is due, it would be inequitable to permit the respondents to use the asset without making payment of a major part thereof. The Receiver appointed will proceed to take possession of the asset after a fortnight from date, if by such time a sum of Rs.30 lakh has not b...
Priyanka Tibrewala Vs. Shri Kashi Prasad Bajaj and ors
Court: Kolkata
Decided on: Oct-17-2012
ORDER SHEET GA NO.2224 OF 201.GA NO.2507 OF 201.CS NO.225 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRIYANKA TIBREWALA Versus SHRI KASHI PRASAD BAJAJ & ORS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :17. h October, 2012. APPEARANCE: MR.RATNANKO BANERJEE, MR.JOYDEEP KAR, MR.A.DUTTA, MR.R.GHOSHAL, ADVOCATES FOR THE PLAINTIFF MR.TILAK BOSE, MR.A.SINGH,ADVOCATES FOR DEFENDANTS The Court : On 28th August, 2012 I was prima facie of the opinion that the order of the Dubai Court in the matter of succession to the estate of Kunal Bajaj was not valid. I directed the defendants i.e.the mother and father of the deceased to disclose to this court by way of an affidavit the exact amount of the debts of the deceased, which they had collected and an account of the same. I made this application returnable on 10th September, 2012. The allegation against the plaintiff widow is that at or about the time of death of her husband, she had withdrawn a sum of Rs.2...
Hdfc Bank Limited Vs. Unit Construction Co. Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Oct-17-2012
1 AP No.738 of 2012 AP No.739 of 2012 AP No.740 of 2012 AP No.741 of 2012 AP No.742 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction HDFC BANK LIMITED Versus UNIT CONSTRUCTION Co.PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h October, 2012. Appearance: Mr.P.Sinha, Adv.Mr.Ratnanko Banerji, Adv.Mr.Debasish Kundu, Adv.The Court : The Receiver has filed individual reports in the five matters after making an inventory of the assets. The respondents have handed over a pay order for Rs.5 lakh to the petitioner in court today. The petitioner says that the dues on account of defaulted instalments are in excess of Rs.20 lakh. Let the matters appear on November 27, 2012. The petitioner has said that if an offer is made for making good the defaulted instalments, the petitioner would not take steps in the arbitral references. The respondents are agreeable to surrender the asset that forms the subject-matter of the agreement relating to AP No.739 of ...
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