Kolkata Court November 2012 Judgments
Abdul Shakor Molla Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-30-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.717 of 2012 ABDUL SHAKOR MOLLA Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :30. h November, 2012. For Petitioner : Mr.Sumon Dutt, with Mr.Kumar Gupta, Advocates For KMC : Mr.A.Banerjee with Ms.Era Ghosh, Advocates The Court : Though the respondent no.5, namely the Kolkata Municipal Corporation is represented by Mr.Banerjee, learned Advocate, but the Staterespondent remains un-represented at the time of call. After hearing the learned Advocate for the petitioner, this Court feels that the presence of the State-respondent is necessary as the State-respondent has taken contradictory stand regarding the initiation of an acquisition proceeding in respect of the petitioners land. In the information given by the LA Office, Calcutta appearing at page 22 of the writ petition, it is reported that the petitioners land has not been affected by any LA proceedi...
Tag this Judgment!Shalimar Chemicals Works Ltd Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-30-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE In the matter of: W.P.No.696 of 2012 Shalimar Chemicals Works Ltd Vs State of West Bengal & ORS.And W.P.No.703 of 2012 Nestle India LTD.-Vs.State of West Bengal & ORS.-AndW.P.No.844 of 2012 Knight Dealtrade PVT.LTD.& Anr versus State of West Bengal & ORS.And W.P.No.845 of 2012 Mani Square Hospitality Pvt Ltd & Anr Vs State of West Bengal & ORS.And W.P.No.891 of 2012 Bhaskar Shrachi Alloys & Anr Vs State of West Bengal & ORS.And W.P.No.892 of 2012 Surya Alloy Industries LTD.& Anr Vs State of West Bengal & ORS.And W.P.No.765 of 2012 Essar Projects (India) Ltd & Anr Vs State of West Bengal & ORS.-AndW.P.No.929 of 2012 Classic Steels Private Limited -versus State of West Bengal & ORS.-AndW.P.No.831 of 2012 India Power Corporation (Haldia) LTD.& Anr. -versus State of West Bengal & ORS.-AndW.P.No.832 of 2012 DPSC LTD.& Anr. -versus State of West Bengal & ORS.And W.P.No.900 of 2012 Tata Chemicals LTD.& An...
Tag this Judgment!Shubhodip Maji Vs. Magma Fincorp Ltd and anr.
Court: Kolkata
Decided on: Nov-29-2012
ORDER SHEET GA NO.2960 OF 201.APOT NO.516OF 201.AP NO.252 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHUBHODIP MAJ.Versus MAGMA FINCORP LTD & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :29. h November, 2012. Mr.Arindam Sinha, Adv., for the appellant. Mr.Paritosh Sinha, Adv., Ms.Sutapa Sanyal, Adv., Mr.K.K.Pandey, Adv., for the respondent. The Court : If we go by the submissions made by Mr.Arindam Sinha appearing for the appellant and give credence, we would find an unemployed youth coming from a business family applies for financial assistance from the respondents for purchase of a dumper. He avails the credit, pays two-three instalments and defaults. He does not knot where the dumper is. According to him, he handed it over to a person as chosen by the guarantor who was supposed to make payment. He also contends, the guarantor is a man of the financier. Such submission is disputed by Mr.Parito...
Tag this Judgment!Hub Shipping Sdn Bhd Vs. Titagarh Wagons Limited and ors
Court: Kolkata
Decided on: Nov-29-2012
1 ORDER SHEET G.A.No.3069 of 2012 APOT No.541 of 2012 CS No.365 of 2012 -AndG A. No.3071 of 2012 APOT No.542 of 2012 CS No.365 of 20120 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HUB SHIPPING SDN BHD Versus TITAGARH WAGONS LIMITED & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :29. h November, 2012. Appearance: Mr.Tilak Bose with Mr.K.Thakkar, Ld. Advocates for the appellant. Mr.Anidya Mitra,Sr.Advocate with Mr.J.Saha And Mr.Joydeep Ganguly, Advocates for the respondent. The Court :- There will be an order in terms of prayer (a) of the petition. We have heard the parties at length on both the appeals. The appeal would arise out of an ad-interim order passed during the Vacation. In the normal course, we would have insisted on going to the learned Judge. However, we are told, the regular Bench is not available and the matter did not appear on the returnable date. Considering the exigency we feel, interest of justice ...
Tag this Judgment!Tarini Creations Private Limited Vs. Reebok India Company and anr.
Court: Kolkata
Decided on: Nov-29-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA 303.OF 201.WITH CS 37.of 2012 TARINI CREATIONS PRIVATE LIMITED Versus REEBOK INDIA COMPANY & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :29. h November, 2012. Mr.Abhrajit Mitra, Advocate Mr.A.Bagaria, Advocate for petitioner The Court :-In a suit for a money decree including a mandatory injunction to take back the stock lying at the respondent no.1s showroom this application has been filed for interim relief. The case of the petitioner is that it is a franchisee of the respondent No.1. It has no control over the pricing of the goods of the respondent No.1, which is done solely by such respondent. A letter of termination has been issued on 13.8.2012 whereby the franchisee agreement will stand terminated with effect from 30.11.2012. At this stage all that the petitioner seeks is that an inventory be made of the stocks lying in its shop prior to a padlock being put by the respondents. The o...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Nov-29-2012
1 ORDER SHEET G.A.No.3111 of 2012 C.S.No.379 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SAHARA India FINANCIAL CORPORATION LTD .Petitioner Versus ALLAHABAD BANK & ORS .Respondents BEFORE: The Hon'ble JUSTICE PATHERYA Date :29. h November, 2012. Mr.Anindya Kumar Mitra, Sr.Advocate, Mr.Abhrajit Mitra, Advocate, Mr.Sabrapriya Mukherjee, Advocate, Mr.S.Mukherjee, Advocate, Mr.Soumava Ghosh, Advocate, Ms.Rajshree Kajaria, Advocate, Mr.S.Bhattacharjee, Advocate and Ms.Sonia Sharma, Advocate for the Petitioner The Court : In a suit for cancellation of notice dated 29th October, 2012 this application has been filed for interim relief. The case of the petitioner is that it is a company distinct from Sahara India Real Estate Corporation LTD.and Sahara Housing Investment Corporation LTD.both of which companies were directed by order dated 31st August, 2012 to carry out some of its directives. It is on the basis of the order dated 31st August, 2012 and under section...
Tag this Judgment!Anil Kumar Patodia Vs. Ashoka Multiyarn Mills Ltd. and ors.
Court: Kolkata
Decided on: Nov-29-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA 209.OF 201.WITH CS 25.of 2012 ANIL KUMAR PATODIA Versus ASHOKA MULTIYARN MILLS LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :29. h November, 2012. Mr.Abhrajit Mitra, Advocate Ms.R.Kajaria, Advocate Mr.S.Ghosh, Advocate Mr.S.Mukherjee, Advocate Ms.Sonia Sharma, Advocate for petitioner Mr.Ranjan Bachhawat, Sr.Advocate Mr.Ratnanko Banerjee, Advocate Mr.D.Ghosh, Advocate Mr.S.Ginodia, Advocate ..for respondents Mr.N.Dasgupta, Advocate for respondent 2 The Court: - On 6.8.2012 an interim order was passed on the ground that conciliation proceedings had been undertaken and was continuing. Such interim order will expire on 30.11.2012 and, therefore, an extension is sought. It has been submitted on behalf of the defendants that no progress is being made in the conciliation proceeding not any minutes maintained. On behalf of the petitioner it is submitted that an opportunity be given to Mr.Kris...
Tag this Judgment!Tion and Another Vs. Samar Ghosh and Anotherconte
Court: Kolkata
Decided on: Nov-29-2012
ORDER SHEET GA No.2675 of 2012 In WP No.1630 of 2010 With CC No.28 of 2012 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) THE HIGH COURT EMPLOYEES' WELFAR ASSOCIATION & ANOTHER Petitioners Versus SAMAR GHOSH & ANOTHER Contemnors/Respondent BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :29. h November, 2012. For Petitioners For High Court : Mr.P.S. Sengupta, Sr.Advocate Mr.Soumya Majumdar, Advocate Mr.Alak Kumar Ghosh, Advocate : For Contemnors/Respondents : Mr.Sundarananda Pal, Sr.Advocate Mr.Subrata Talukdar, Advocate The Court : When this matter was called out, the learned Counsel for the State produced, for the perusal of this Court, a Letter sent to the Honble Acting Chief Justice being Letter dated 26.11.2012. The same is taken on record. Upon a perusal of the said letter it appears that the Honble Minister in Charge, Department of Finance financial stringency of the Government. and Excise, has indicated Financial stringency cannot be allowed to be taken as an excuse t...
Tag this Judgment!Taurus Overseas Pvt. Ltd. Vs. Saraf Services Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Nov-29-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.852 of 2012 TAURUS OVERSEAS PVT.LTD.Versus SARAF SERVICES PVT.LTD.& ANR. AP No.867 of 2012 TAURUS OVERSEAS PVT.LTD.Versus SARAF SERVICES PVT.LTD.AP No.868 of 2012 TAURUS OVERSEAS PVT.LTD.Versus M/S.MULTIPLEX EQUIPMENT AND SERVICES PVT.LTD.& ANR. AP No.885 of 2012 TAURUS OVERSEAS PVT.LTD.Versus FORUM MALL MANAGEMENT SERVICES PVT.LTD.BEFORE: The Hon'ble Mr.PRATAP KUMAR RAY ACTING CHIEF JUSTICE Date :29. h November, 2012. Mr.S.Talukdar, Sr.Adv.Mr.A.Chaudhury, Adv.Mr.Sannay Das, Adv.for the petitioner Mr.Jishnu Saha, Adv.for respondent in AP 852/2012 Mr.S.Ghosh, Adv.for respondent in AP 867/2012 Mr.A.Podar, Adv.for respondent in AP 868/2012 Mr.Priyabrata Patra, Adv.for respondent in AP 885/2012 The Court : These applications are taken up for analogous hearing. Learned advocates appearing for the respondents in all matteRs.on instruction from their client, submit that there is arbitral dispute...
Tag this Judgment!L and T Finance Limited Vs. Mr. Rakesh Kumar Rai and ors.
Court: Kolkata
Decided on: Nov-29-2012
AP No.713 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus Mr.RAKESH KUMAR RAI AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :29. h November, 2012. Appearance: Mr.Satarup Banerjee, Adv.The Court : The respondents are not represented despite previous service. In view of the report filed by the Receiver from which it appears that men and agents of the respondents attempted to intimidate the Receiver and threatened him with a firearm, the Receiver is directed to forthwith take possession of the asset that forms the subject-matter of the agreement between the parties upon ascertaining the whereabouts thereof. The Receiver may appoint an agent for discovering the location of the asset. Upon the Receivers agent identifying the location of the asset, the Receiver will proceed to remove the asset from the respondents possession and keep it at a place to be provided by the petitioner. The Receiver will be entitled t...
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