Kolkata Court November 2012 Judgments
Srei Equipment Finance Pvt. Ltd. Vs. Vishal Traders and anr.
Court: Kolkata
Decided on: Nov-29-2012
AP No.512 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.-VersusVISHAL TRADERS & ANR. Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : November 29, 2012. The Court : The respondents are not represented despite previous service. The petitioner is a finance company which granted credit facilities to the respondents for the respondents acquiring a backhoe loader. Upon the respondents failing to make payment in terms of the agreement, the petitioner instituted an arbitral reference and an order was made therein under Section 17 of the Arbitration and Conciliation Act, 1996 appointing a custodian to take possession of the backhoe loader. The custodian took possession of the asset, but the respondents complained that there was no need for such drastic measure to be taken since the respondents were willing to make payment of the defaulted amounts. On the respon...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Nov-21-2012
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION M/S.M/S.M/S.M/S.M/S.M/S.M/S.M/S.IN THE MATTER OF: CP No.683 of 2011 SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: SHIKHA SETH & CP No.684 of 2011 SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: DIKSHA SETH & CP No.685 of 2011 SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: MRS.ISHA SETH & CP No.686 of 2011 SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: SUMAN SETH & CP No.687 of 2011 SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: MRS.SAVITA SETH & CP No.688 of 2011 SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: SAMISHA SETH & CP No.689 of 2011 SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: NIDHI SETH & CP No.690 of 2011 SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: RAKESH SETH & LTD.LTD.LTD.LTD.LTD.LTD.LTD.LTD.CP No.691 of 2011 M/S.SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: RAKESH SETH (HUF) & CP No.692 of 2011 M/S.SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: RAASHI SETH & CP No.695 of 2011 M/S.SETH CHEMCAL WORKS PVT.AND IN THE MATTER OF: BRIJ MOHAN...
Tag this Judgment!M/S. Concord and anr. Vs. West Bengal Housing Board and anr.
Court: Kolkata
Decided on: Nov-21-2012
ORDER SHEET CS No.238 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction M/S.CONCORD & ANR. Versus WEST BENGAL HOUSING BOARD & ANR. BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date:21. t November, 2012. Appearance: Mr.Sudip Ghosh with Mr.S.S. Bhutoria, Advocates ...for the plaintiffs Mr.Tapan Kumar Dey, Advocate ...Claiming to appear for the defendant DICTATED ORDER The Court: Mr.Sudip Ghosh along with Mr.Bhutoria, learned advocates appearing for the plaintiffs submit that the plaintiffs took effective step for service of notice under Section 66 of the Indian Evidence Act, 1872 upon the defendant West Bengal Housing Board for production of original documents. Notice was duly served and in spite of such service, documents asked for have not been produced. The matter may be proceeded with giving opportunity to the plaintiffs to produce copies of those documents for the purpose of marking them exhibits in couRs.of recording evidence. Mr.Tapan Kumar Dey, learned advo...
Tag this Judgment!Mahadev Vyapaar Private Limited Vs. the Official Liquidator, High Cour ...
Court: Kolkata
Decided on: Nov-21-2012
ORDER SHEET APO No.249 of 2012 With CA No.326 of 2012 BIFR Case No.246 of 1988 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction IN THE MATTER OF : EASTEND PAPER INDUSTRIES LTD.(IN LIQN.) AND IN THE MATTER OF : MAHADEV VYAPAAR PRIVATE LIMITED Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :21. t November, 2012. Mr.Mainak Bose for the appellant. Mr.Poritosh Sinha for the State. Mr.Biswapati Das for Official Liquidator. The Court : This appeal would relate to a claim made by the Land Revenue authority as against the appellant who purchased a property in a court sale when the learned Company Judge held auction in Court in respect of a property belonging to a company in liquidation. Mr.Mainak Bose, learned Counsel appearing for the appellant on the last occasion contended, the appellant would only be obliged to make payment of land revenue from the day when they became the owner of the ...
Tag this Judgment!Shristi Infrastructure Development Corporation Ltd Vs. Mfar Constructi ...
Court: Kolkata
Decided on: Nov-21-2012
1 ORDER SHEET G.A.No.2950 of 2012 APO No.125 of 2012 AP No.897 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LTD Versus MFAR CONSTRUCTIONS PVT LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :21. t November, 2012. Appearance: Mr.Jishnu Saha with Mr.Somnath Banerjee, Advocates For the appellant. Mr.Debnath Ghosh with Mr.M.K. Tiwari, Advocates For the respndent. The application under Court section 9 :-The of appellant the filed Arbitration an and Conciliation Act contending that the construction agreement entered into by and arbitration clause. protection. The application for between The the parties appellant respondent protection their applications were heard analogously. 1 obtained subsequently of did contain an an interim filed similar interest. Both the The learned Judge held that there was no valid arbitration agreement, hence dismissed the application of the appe...
Tag this Judgment!The Tinplate Company of India Limited Vs. the Owners and Parties Inter ...
Court: Kolkata
Decided on: Nov-21-2012
ORDER SHEET APO No.401 of 2012 With AS No.3 of 1996 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction THE TINPLATE COMPANY OF INDIA LIMITED Versus THE OWNERS AND PARTIES INTERESTED IN THE OCEAN VESSEL "ESPERENZA III. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :21. t November, 2012. Mr.Ranjan Deb, Sr.Advocate, Mr.Prabir Dasgupta, Mr.Jishnu Chowdhury, Mr.Dipanjan Sinha Roy for the appellant. Mr.Sudhakar Prasad, Mr.Partha Basu for the respondent. The Court : This appeal would relate to an order allowing prayer for amendment of a written statement whereby the defendant in the Admiralty Suit was allowed to make a counterclaim that was alleged to have not been pleaded in the original written statement. Such contention was strenuously disputed by the appellant/plaintiff before the learned Single Judge. His Lordship was, however, not inclined to accept such contention. According to His Lordship, the amendment was formal in nature and nothing but...
Tag this Judgment!imeco Ltd. Vs. C.D.Automation Pvt. Ltd.
Court: Kolkata
Decided on: Nov-21-2012
ORDER SHEET APO No.395 of 2012 With CP No.699 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction IMECO LTD.Versus C.D.AUTOMATION PVT.LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :21. t November, 2012. Mr.D.Basak, Ms.Manju Bhuteria, Mr.T.K. Mukherjee, Mr.L.R. Mondal for the appellant. Mrs.Sutapa Roy Chowdhury, Mr.Nirmalya Dasgupta for M/s.Bright Star. Mr.Saunak Mitra, Mr.S.R.Kakrania, Mr.Sanjeeb Seni for one of the creditORS.Mr.Sunil Singhania for Nav Bharat Steel Corporation & Anand Kr. Agarwal. Mr.P.Sarawagi for Progressive Enterprise (India).The Court : This appeal was admitted by us on September 28, 2012 when we asked the appellant to deposit a sum of Rs.30 lakhs with Mr.Sibratan Kakrania, learned Advocate appearing for one of the creditors who was directed to act as Special Officer for disbursement of the said sum amongst the admitted creditORS.Accordingly, Mr.Kakrania held meetings and disbursed the said amount so deposited...
Tag this Judgment!Rameshwar Traders Pvt. Ltd. and anr. Vs. the Director General,
Court: Kolkata
Decided on: Nov-16-2012
T No.156 of 2012 WP No. of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAMESHWAR TRADERS PVT.LTD.& ANR. Versus THE DIRECTOR GENERAL, WEST BENGAL FIRE & EMERGENCY SERVICES & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR ROY Date :16. h November, 2012. (Vacation Bench) Appearance: Mr.S.N. Mitra, Sr.Adv.Mr.Arindam Mukherjee, Adv..for the petitioner Mr.Sakya Sen, Adv.Mr.A.Mitra, Adv.Mr.A.Mondal, Adv..for the respondent Nos.14,15,16,17,18 & 19 Mr.A.Majumdar, Adv.Mr.Suman Sengupta, Adv..for the State of West Bengal Mr.Barin Banerjee, Adv.MRS.Sima Chakraborty, Adv.for K.M.C.The Court : The writ petitioner has approached this Court against the inaction of the respondent authorities, namely, the Kolkata Municipal Corporation, Kolkata Police and West Bengal Fire and Emergency Services, in No.2 taking any action against the private respondents, namely, respondent Nos.17, 18 and 19 for raising a temporary structure inside the premises No.2, Russel Street, Kolkat...
Tag this Judgment!Blue Bird Leisure and Holidays Limited Vs. Ezeego One Travel and Tours ...
Court: Kolkata
Decided on: Nov-16-2012
ORDER SHEET SHEET NO.1 T.A.No.150 of 2012 GA not of 2012 APOT No.526 of 2012 TA No.142 of 2012 T No.151 of 2012 GA not of 2012 CS not of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF:- BLUE BIRD LEISURE AND HOLIDAYS LIMITED Versus EZEEGO ONE TRAVEL AND TOURS LTD.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE AND The Hon'ble JUSTICE JOYMALYA BAGCHI Date :16. h November, 2012. [VACATION BENCH].Appearance:- Mr.Arindam Mukherjee, Advocate with Mr.Suman Dey, Advocate..for the Appellant. The Court:-There will be an order in terms of prayer[a].of the stay petition. From the affidavit of service, we find that service of the notice of motion upon the respondent was attempted but the same was not effected because of insufficient address, as it appears from the printout of the downloaded page from the website of the postal authorities annexed to the affidavit of service. Learned Counsel for the appellant/petitioner however submits that the noti...
Tag this Judgment!Kumari Dipmala Mitra and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-08-2012
T No.153 of 2012 W.P.not of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KUMARI DIPMALA MITRA & ORS.-VersusTHE STATE OF WEST BENGAL & ORS.Appearance: Mr.B.N.Roy, Sr.Adv.Mr.Priyankar Saha, Adv...for the petitioner. Mr.Subir Sanyal, Adv.Mr.Suradip Bhattacharyya, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR ROY Date :8. h November, 2012. VACATION BENCH The Court : In this writ application amongst others twofold reliefs have been sought for in terms of prayer (a) and (c).which are quoted below: (a) a writ of and/or in the nature of Mandamus commanding Respondents No.2,3 and 4 and each petitioners of them complaints to dated treat the 20.10.2012 and 21.10.2012 as F.I.R.and to proceed with the same in accordance with law by taking cognizance for bringing the offenders into books for trial; (c) a writ of in the nature of Prohibition prohibiting Respondents No.2, 3, 4, 5 and 6 and their respective subordinates, men and agents and each ...
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