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Kolkata Court October 2012 Judgments

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Oct 16 2012

Rambinod Bhuian @ Binod Bhuian Vs. Coal India Ltd. and ors.

Court: Kolkata

Decided on: Oct-16-2012

ORDER SHEET WP NO.638 OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAMBInot BHUIAN @ BInot BHUIAN Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :16. h October, 2012. Appearance: Mr.U.S.Agarwal, Advocate for petitioner Mr.Alok Banerjee, Advocate for respondents The Court : By this writ petition, the petitioner prays for a mandamus upon the respondents to provide employment to the petitioner on the death of his mother who was an employee of the respondent no.2. The case of the petitioner is that his mother died in the year 1994 while still in service. Shortly thereafter he made a representation to the respondents to take necessary action regarding his employment. The petitioner thereafter for the fiRs.time filed an application for employment in the year 2012 wherein he has made out a case that as at the time of the death of his mother he was a minor. He could not make application. According to the petitioner,...


Oct 16 2012

Reliance Electricals Vs. Titagar Wagons Ltd.

Court: Kolkata

Decided on: Oct-16-2012

CA No.692 of 2012 CP No.108 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction RELIANCE ELECTRICALS Versus TITAGAR WAGONS LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :16. h October, 2012. Appearance: Mr.Sanjit Mal, Adv.Mr.D.N. Dey, Adv.The Court : None appears on behalf of the petitioning creditor to oppose this application made by the company for discharge of the security furnished pursuant to the order of admission of June 12, 2007. The petitioning creditor has been attempted to be served but is apparently not available at the address indicated in the petition. Advocate appearing for the petitioning creditor was also attempted to be served but indicated that such advocate had no instructions from the petitioning creditor. The gist of this application has been advertised and an affidavit of compliance in such regard has been filed. The order of admission noticed that security had already been furnished on behalf of the company to the extent of Rs.3,57,...


Oct 16 2012

Bijay Kumar Agarwal Vs. Narayani Devi Agarwal and ors.

Court: Kolkata

Decided on: Oct-16-2012

GA No.2833 OF 201.APOT No.493 OF 201.WITH CS 6.of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BIJAY KUMAR AGARWAL Versus NARAYANI DEVI AGARWAL & ORS.BEFORE: The Hon'ble Mr.KALYAN JYOTI SENGUPTA, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :16. h October, 2012. Mr.Suman Dutt, Advocate for appellant Ms.Somali Mukhopadhyay, Advocate .for respondent 2. The Court :- It appears that the prayer (a) has not been worded properly. Let inappropriate word be deleted and appropriate word be used and this shall be done in couRs.of today itself by the learned Advocate-on-record of Mr.Dutt. Subject to compliance of above there will be an order in terms of prayer (a).Despite service of notice, none appears for any of the respondents except respondent No.2. After hearing Mr.Dutt and learned Advocate for respondent No.2 we think at this stage some interim measure is required to be taken as it is seriously alleged that properties are not properly looke...


Oct 16 2012

Md. Mohidur Rahaman Vs. W. B. Essential Commodities Supply Corporation ...

Court: Kolkata

Decided on: Oct-16-2012

WP 87.OF 201.ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Md.MOHIDUR RAHAMAN Versus W.B.ESSENTIAL COMMODITIES SUPPLY CORPORATION LTD AND ORS.BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :16. h October, 2012. Mr.K.Bhattacharyya, Adv.appears for the petitioner. The Court : Let the affidavit of service filed in Court today be kept with the records. In spite of service, none appears for the respondents to oppose this application. This writ petition will be heard. Let an affidavit in opposition be filed within a period of one week after the reopening of the Court after the Puja Vacation. Let an affidavit in reply thereto, if any be filed within a week thereafter. The matter shall appear in the monthly list of December 2012 under the heading for hearing. before the appropriate Bench. Mr.Bhattacharyya, learned Advocate appearing for the petitioner, submits that the petitioner had applied for the post of Junior Assistant Manager in the ...


Oct 16 2012

islamic Republic of Inran Shipping Lines Vs. Mnb Steel Pvt. Ltd.

Court: Kolkata

Decided on: Oct-16-2012

EC No.70 of 2008 with EC No.166 of 2008 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICITON Islamic Republic of Inran Shipping Lines Versus MNB Steel PVT.LTD.Before: The Hon'ble Justice I.P.MUKERJ.Date:16. h October 2012 Appearance: Mr.Promit Ray, Advocate Ms.Sarada Hariharan, Advocate for the petitioner Mr.Mainak Bose, Advocate Mr.R.Medora, Advocate for respondents This is a combined order passed in both the applications. This is a further application to execute a foreign award dated 14th August 2007. It appears from the tabular statement that this award was passed on 5th August 2008. The execution application (EC No.70 of 2008) became contentious. It was adjudicated upon by Patherya, J. as reflected in Her Ladyships judgment and order dated 24th August 2012. An order was passed in terms of prayers (a).(b) and (f) of column 10 of the tabular statement. A member of the Bar was appointed as Receiver. The manager of Bank of Baroda, Burrabazar branch was directed to inform ...


Oct 16 2012

Tapan Bhattacharya and ors. Vs. the Kolkata Municipal Corporation and ...

Court: Kolkata

Decided on: Oct-16-2012

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Kalyan Jyoti Sengupta, Acting Chief Justice And The Honble Justice Asim Kumar Mondal 16.10.2012 APOT 49 of 2012 GA 281.of 2012 WP 86.of 2012 Tapan Bhattacharya & ORS.versus The Kolkata Municipal Corporation & ORS.The Court :-It appears that prayer (a) has not been worded properly. Therefore appropriate word be inserted deleting inappropriate word. This shall be done in couRs.of today. Subject to the aforesaid there will be an order in terms of prayer (a).By consent of the parties we treat both the appeal and application as on days list for final disposal as we feel if any order is passed on this matter will decide the matter finally. The appeal is preferred against refusal of passing ad interim order dated 9th October, 2012 by which the learned Trial Judge was pleased to decide to hear out the matter but His Lordship has been pleased to refuse to pass ad interim order as prayed for by Mr.Ch...


Oct 16 2012

Mihijam Vanaspati Ltd. Vs. Maersk Line India Pvt. Ltd.

Court: Kolkata

Decided on: Oct-16-2012

ORDER SHEET GA No.2689 of 2012 GA No.2639 of 2012 CS No.244 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MIHIJAM VANASPATI LTD.Versus MAERs.LINE INDIA PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :16. h October, 2012. Appearance: Mr.Pratik Prakash Banerjee, Advocate Mr.D.Taslim, Advocate Mr.Farooque Ali, Advocate Mr.S.K.Das, Advocate The Court: Of the two applications in the list, GA No.2689 of 2012 is by the defendant for an extension of time to file their written statement. Considering the cause shown, I dispose of this application by permitting the defendant to file their written statement by 14th December, 2012. The other application, GA No.2639 of 2012, is filed by the plaintiff. The defendant is exercising shipowners lien over the fatty palm oil contained in 29 containers covered by two bills of lading. The claim of the defendant on account of unpaid detention charges of the containers is Rs.1,15,00,000/- or so. The plaintiff adm...


Oct 16 2012

Nandini Holdings and Securities Pvt. Ltd. Vs. Pushpesh Kumar Baid and ...

Court: Kolkata

Decided on: Oct-16-2012

GA No.1744 of 2012 EOS No.5 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICITON Nandini Holdings & Securities PVT.LTD.Versus Pushpesh Kumar Baid & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date:16. h October 2012 Appearance: Mr.Pratap Chatterjee, Sr.Advocate Mr.Ranjan Deb, Sr.Advocate Mr.Pramit Ray, Advocate Mr.R.Sarkar, Advocate Mr.A.Kanodia, Advocate for the petitioner Mr.Amitava Das, Advocate Mr.J.Brahamchari Advocate for Dena Bank Mr.A.K. Rout, Advocate Mr.Sudeep Pal Choudhury, Advocate for Indian Bank By the order dated 3rd October 2012 this Court had directed the Registrar of Assurances, Kolkata to produce a certified copy of the title deed mentioned in that order in Court today. The document which has been produced today makes a startling revelation. The original deed of sale dated 6th May 2008 between M/S.Lands Housing and Development Company and Pushpesh Baid tallies with a photocopy thereof produced by the Registrar of Assurances from his custody. It b...


Oct 16 2012

Simplex Infrastructures Ltd. Vs. Oriental Bank of Commerce and ors.

Court: Kolkata

Decided on: Oct-16-2012

ORDER SHEET TA NO.122 OF 201.T NO.117 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SIMPLEX INFRASTRUCTURES LTD.Versus ORIENTAL BANK OF COMMERCE & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :16. h October, 2012. Mr.P.Chatterjee, senior advocate, Mr.Mr.A.Mitra, Mr.P.Sinhaappear. Mr.A.K. Routh, Mr.S.Pal Chowdhuryappear. The Court : This interim application in aid of the suit, is moved citing very urgent circumstances at 2 p.m.today, after obtaining prior leave of this Court. But at the time of granting leave this Court had made it clear that notice of this application should be given to the defendants. It is submitted by Mr.Chatterjee, learned senior counsel that all the defendant banks have been duly served, the Union of India has been served through the Ministry of Law, Strand Road, Kolkata. The only ground, which was taken at this stage was that each of the bank guarantees was in favour of the President of India acting through the Executi...


Oct 16 2012

Limited Vs. Laxmi Vayaapar Pvt.Ltd and anr.

Court: Kolkata

Decided on: Oct-16-2012

AP No.300 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENTS FINANCE PRIVATE LIMITED -VersusLAXMI VAYAAPAR PVT.LTD & ANR. Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.S.Mitra, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : October 16, 2012. The Court : The parties agree that at least a sum of Rs.31 lakh is due from the respondent to the petitioner on account of defaulted instalments in respect of the agreement which is the subject-matter of the petition. The matter had been adjourned on several occasions and a receiver has been directed to take possession of the assets covered by the agreement. However, the receiver has been directed to only make an inventory of the assets covered by the agreement if a certain sum is paid off by the respondent to the petitioner prior to the receiver taking possession of the relevant assets. In fact, a combined order was passed in this and three connecte...


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