Kolkata Court November 2012 Judgments
Srei Equipment Finance Private Ltd. (Sefpl) Vs. M/S. Hitech Minerals a ...
Court: Kolkata
Decided on: Nov-08-2012
ORDER SHEET T NO.155 OF 201.AP not OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LTD.(SEFPL) Versus M/S.HI-TECH MINERALS & TRANSPORTERS & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :8. h November, 2012. VACATION BENCH Mr.Swatarup Banerjee, Adv., Ms.Archana Chowdhury, Adv., Mr.Biplab Majumder, Adv., for the petitioner. The Court : This arbitral proceeding arises out of a loan-cum-hypothecation agreement in which the claimant- petitioner made a claim of over Rs.17 lakh on account of arrears rentals and other charges. The petitioner has duly terminated the agreement by a notice dated September 13, 2012. On an interim application being filed the arbitral tribunal passed an order on October 8, 2012 appointing a custodian in respect of the asset in terms of prayer (a) of the said petition. The instant application has been filed on the ground that in spite of the said order being passed by the arbitral tribunal, po...
Tag this Judgment!M/S. Gujarat Composite Limited Vs. M/S.Machinery Agencies [India]
Court: Kolkata
Decided on: Nov-08-2012
ORDER SHEET SHEET NO.1 T.A.No.143 of 2012 GA not of 2012 APOT No.525 of 2012 ACO not of 2012 APO not of 2012 CP No.180 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IN THE MATTER OF:M/S.GUJARAT COMPOSITE LIMITED Versus M/S.MACHINERY AGENCIES [INDIA].BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE AND The Hon'ble JUSTICE JOYMALYA BAGCHI Date :8. h November, 2012. [VACATION BENCH].Appearance:Mr.S.N.Mitra, Advocate, Mr.Susanta Dutta, Advocate with Mr.Bimalendu Das, Advocate..for the Appellant. Mr.P.K.Jewrajka, Advocate with Mr.Anuj Singh, Advocate..for the Respondents. The Court:-Leave is given in terms of prayer[a].of the petition. Heard learned Counsel appearing for the parties. The appeal is directed against an order of the learned Company Judge passed on 19 October 2012 admitting the petition for winding up of the appellant-company on their inability to pay certain sum of money as dues to the petitioning creditor. The amount, for which the petition has be...
Tag this Judgment!Blue Bird Leisure and Holidays Limited Vs. Ezeego One Travel and Tours ...
Court: Kolkata
Decided on: Nov-08-2012
TA No.142 of 2012 T No.151 of 2012 GA No.of 2012 CS No.of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BLUE BIRD LEISURE & HOLIDAYS LIMITED Versus EZEEGO ONE TRAVEL & TOURS LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN (Vacation Bench) Date :8. h November, 2012. Appearance: Mr.Arindam Mukherjee, Adv.Mr.Suman Dey, Adv.The Court : The plaintiff instituted the suit against the defendant praying, inter alia, for a declaration that the defendant is not entitled to cancel the air tickets already issued by the plaintiff in favour of various prospective passengeRs.The said air tickets were purchased from the defendant who is an accredited IATA agent. There appears to be some disputes with regard to the accounts maintained by the plaintiff and the defendant. There are various claims and cross-claiMs.The learned Counsel appearing for the plaintiff relied upon various documents from page 98 to 112 to show that from time to time amounts have been paid towa...
Tag this Judgment!Radheshyam Tiwari Vs. C.E.S.C. Ltd. and ors.
Court: Kolkata
Decided on: Nov-08-2012
TA No.144 of 2012 GA not of 2012 WP No.669 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RADHESHYAM TIWARI -VersusC.E.S.C.LTD.& ORS.Appearance: Mr.Amitava Das, Adv...for the petitioner. Mr.Arnab Chakraborty, Adv...for the respondent Nos.1 to 4. Mr.Reetoborto Mitra, Adv...for the respondent No.6. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR ROY Date :8. h November, 2012. VACATION BENCH The Court : This is an application for restoration of the writ petition being W.P.No.669 of 2010 which was dismissed for default on September 17, 2012 and for recalling of the said order of dismissal and the order whereby it was directed the connection granted pursuant to the order passed on May 20, 2010 be disconnected. It is the Advocate-on-Record case of expired the writ petitioner sometime in that as November, the 2010, consequently when on September 17, 2012 the matter was taken up for hearing, application none and in was fact present there on was his no behalf to de...
Tag this Judgment!Ankur Business Pvt. Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Nov-08-2012
ORDER SHEET T NO.149 OF 201.WP not OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ANKUR BUSINESS PVT.LTD.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :8. h November, 2012. VACATION BENCH Mr.R.K.Chowdhury, Adv., Mr.Abhijit Chowdhury, Adv., for the petitioner. Mr.D.K.Singh, Adv., for the respondents. The Court : The petitioner was occupying a rented godown under lease agreement with the respondent authorities. The lease had expired on 29th February, 2012. The Commercial Supervisor (Goods) of South-Eastern Railway by a communication dated 25th April, 2012 made it clear that the petitioner would not allowed to remove the consignment from 2 rented godown without wharfage charge. Subsequently, by a communication dated 24th September, 2012 the right to use the godown space under occupation of the petitioner was extended for a further period of six months with effect from 1st March, 2012. The petitioner was directed to deposit a s...
Tag this Judgment!Swapan Kumar Ghosh and anr. Vs. Kalpana Bhose and ors.
Court: Kolkata
Decided on: Nov-08-2012
ORDER SHEET TA NO.145 OF 201.GA not OF 201.CS not OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWAPAN KUMAR GHOSH & ANR. Versus KALPANA BHOSE & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :8. h November, 2012. VACATION BENCH Mr.S.N.Mitra, Sr.Adv., Mr.Sayantan Bose, Adv., Mr.Kartick Kumar Ray, Adv., for the plaintiffs. The Court : The plaintiffs have filed a suit for specific performance on the basis of an agreement entered into between the plaintiff and some of the co-owners of the suit property. The plaintiffs claimed to have paid a sum of Rs.50 lakh as part consideration. It appears that such coowners by three several letters dated 1st April, 2010, 30th November, 2010 and 25th May, 2011 threatened to cancel the agreement and ultimately rescinded the agreement on 16th August, 2011. The plaintiffs have filed the suit for specific performance in November, 2012. The plaintiffs submit that the plaintiffs were not aware of an award which was p...
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