Kolkata Court December 2012 Judgments
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Srei Equipment Finance Pvt. Ltd. Vs. Ratnakar Govind Parab and anr.
Court: Kolkata
Decided on: Dec-07-2012
EC No.75 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICITON Srei Equipment Finance PVT.LTD.Versus Ratnakar Govind Parab & Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date:7. h December 2012 Appearance: Mr.Ram Dulal Manna, Advocate appeaRs.The Court:-By the order dated 12th October, 2012 a warrant of arrest was issued against the fiRs.judgment-debtor which was made returnable today. The learned Advocate who had represented the judgment-debtor on a previous occasion was also directed to be present in Court today. This was for the reason that on an earlier occasion a warrant of arrest had been issued by the Court and its execution was kept in abeyance on the prayer of the said learned Advocate and on his assurance that he would ensure production of the judgment-debtor on the next date of hearing. On the said date neither the judgment-debtor not the learned Advocate had appeared. Hence, he had been directed to be present in Court also to explain himself. Today the m...
Vs. the K.M.C. and ors.R
Court: Kolkata
Decided on: Dec-07-2012
ORDER SHEET WP No.133 of 2010 CAN No.3858 of 2012 With WP No.23373(w) of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KAISER SULTANA & ANR. Petitioner Versus THE K.M.C.& ORS.Respondents BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :7. h December, 2012. For Petitioner : Mr.Arik Banerjee, Advocate in WP No.133 of 2010 Mr.Alak Kumar Ghosh, Advocate in WP No.23373(w)/2009 For Respondents : Mr.Achinta Banerjee, Advocate Mr.Swapan Kumar Debnath, Advocate Ms.Ira Ghosh, Advocate The Court : In WP No.133 of 2010 : A demolition proceeding being Build./BR/iv1802/09-10 was initiated by the Municipal Authority of Kolkata Municipal Corporation in respect of unauthorised and illegal construction made by the private respondent No.8 on Premises No.163, Park Street, Kolkata-16. The petitioners who are the owners of the said property, have filed the instant writ petition praying for issuance of direction upon the Municipal Authority for early disposal of th...
Amit Roy Chowdhury Vs. Hdfc Bank Ltd.
Court: Kolkata
Decided on: Dec-07-2012
ORDER SHEET APO NO.445 OF 201.AP NO.831 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE AMIT ROY CHOWDHURY Versus HDFC BANK LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :7. h December, 2012. Mr.Ranjit Kumar Jaiswal, Adv., Mr.Sekhar Pal, Adv., for the appellant. Mr.Moloy Ghosh, Adv., Ms.Pooja Das Chowdhury, Adv., Mr.Joydeep Roy, Adv., Ms.I.Hassan, Adv., Mr.Paritosh Sinha, Adv., for the respondent. The Court : This appeal would emanate from a judgment and order impugned that was delivered by His Lordship in somewhat peculiar situation. The respondent approached His Lordship with an application under Section 9 of the Arbitration and Conciliation Act, 1996 by contending that the appellant before us took financial support yet failed to repay that gave rise to a dispute referable to arbitration in accordance with the arbitration agreement. His Lordship initially appointed Receiver. The appellant took the pl...
Kabita Refractories (Pvt) Ltd and ors Vs. Canara Bank and ors
Court: Kolkata
Decided on: Dec-06-2012
ORDER SHEET WP No.938 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KABITA REFRACTORIES (PVT.LTD & ORS Versus CANARA BANK & ORS BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date :6. h December, 2012. Mr.Nimesh Mishra, Mr.Suman Saha, Adversus for the petitioners Mr.Hirak Mitra, Sr.Adv.Mr.Dipankar Das, Adv.for respondent Nos.1 to 5 The Court : In this writ petition dated 16th October, 2012, a sale notice issued by Canara Bank dated 22nd September, 2012 is under challenge. The writ petition was entertained on 19th October, 2012. An interim order was passed to the effect that the bank shall be entitled to receive offers in pursuance of the impugned sale notice but it shall remain restrained from confirming the sale in favour of the highest bidder without the leave of the Court. Although not recorded in the order dated 19th October, 2012, the writ petition had been entertained because of a vacancy in the office of the Presiding Officer of the Debts Recov...
Suresh Kr. Benani and ors.Plaintiffs Vs. Ramgopal Benani and ors.Defen ...
Court: Kolkata
Decided on: Dec-06-2012
ORDER SHEET G.A.No.176 of 2012 G.A.No.2502 of 2012 C.S.No.321 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SURESH KR. BENANI & ORS.Plaintiffs Versus RAMGOPAL BENANI & ORS.Defendants BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :6. h December, 2012. For Plaintiffs : Mr.S.N.Mitra, Sr.Adv.with Mr.D.Basak & Mr.J.Ghorai, Adversus For Defendants : Mr.Abhrajit Mitra, Mr.Jishnu Chowdhury, Mr.Souma Bhattacharyya, Adversus I direct the Special Officer, who is not appointed as Receiver, to hold a meting of the parties immediately and ascertain the municipal corporation tax dues upto date. By the order dated 7th August, 2012 the parties were restrained from collecting any rent from the tenants. It is submitted by Mr.Surajit Nath Mitra, learned Senior Advocate, that at least the rent should be collected by the Receiver. Mr.Abhrajit Mitra and Mr.Jishnu Chowdhury, learned Advocates, submit that some portion of the rent should be appropriated and distributed ...
Vs. M/S. Sarat Chatterjee and Co. (Vsp) Ltd. and anr.
Court: Kolkata
Decided on: Dec-06-2012
ORDER SHEET A.P.No.933 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LMJ INTERNATIONAL LTD.Petitioner Versus M/S.SARAT CHATTERJEE & Co.(VSP) LTD.& ANR. Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :6. h December, 2012. For Petitioner : Mr.D.N.Sharma with Mr.K.K.Thakar & Mr.S.N.Pande, Adversus For Respondents : Mr.Nilay Sengupta, Adv.On the prima facie case noted by this Court in its order dated 5th December, 2012, the fiRs.respondent will deliver the subject goods to the petitioner on the following conditions being fulfilled by the latter : a) The petitioner will pay the admitted service charge of an amount of Rs.15,00,000/- to the fiRs.respondent. b) A further sum of Rs.15,00,000/- has to be kept in deposit by the petitioner with their Advocate on Record in a separate interest bearing account to the credit of this application. This sum represents the disputed charges claimed by the fiRs.respondent. The intimation of the creation of...
Limited Vs. Aum Mines and Minerals
Court: Kolkata
Decided on: Dec-06-2012
AP No.438 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusAUM MINES & MINERALS Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.Chayan Gupta, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :December 6, 2012. The Court : The parties are represented and it appears to be the fairly admitted position that a substantial amount remains due from the respondents to the petitioner in respect of the agreement relating to a cone crusher. The cone crusher is not in the possession of the receiver and offers have been invited for sale thereof. The matter had been adjourned on at least two previous occasions at the behest of the respondents since the respondents had said that the offers then received were too meagre to be considered. The respondents have carried an offer of 61.5 lakh for the cone crusher to the receiver made by C.M.Gopal of Potladurthy (V & PO).Yerraguntla (...
islamic Republic of Iran Shipping Lines Vs. Mnb Steel Private Limited
Court: Kolkata
Decided on: Dec-06-2012
EC No.70 of 2008 with EC No.166 of 2008 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Islamic Republic of Iran Shipping Lines Versus MNB Steel Private Limited Before: The Honble Justice I.P.MUKERJ.Date:6. h December 2012 Appearance: Ms.Sarada Hariharan, Advocate for the decree-holder Mr.Mainak Bose, Advocate for the judgment-debtor The position today is that a special leave petition against the order dated 24th August 2012 is pending consideration by the Supreme Court, but there is no stay. Meanwhile, the order dated 16th October 2012 has been substantially complied with by creation of a deposit with the Axis Bank, New Alipore Branch in favour of the Advocate-on-Record for the decreeholder. The Receiver has visited the place of business of the judgmentdebtor on 18th October 2012 and filed a report in this Court. It is submitted by the learned Counsel for the petitioner that the judgment-debtor is continuing to sell the galvanized materials in violation of the above...
Messrs. Tekno Valves and anr. Vs. the Board of Trustees for the Port o ...
Court: Kolkata
Decided on: Dec-06-2012
ORDER SHEET WP No.914 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MESSRs.TEKNO VALVES & ANR. Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date :6. h December, 2012. The Court : Having heard Mr.Dutta, learned Advocate for the petitioner and Mr.Jena, learned Advocate for the Port Trust, I direct in modification of the order dated 18th October, 2012 that the petitioner shall pay occupation charge at the rate of Rs.33,053/- every month with effect from December, 2012 onwards till disposal of the writ petition by the seventh day of each succeeding month. The arrears for the months of August to November, 2012 shall be paid within a month from date. Needless to observe, payment to be effected in terms of this order would be without prejudice to the rights and contentions of both the parties in this petition. In the event of default in payment of occupation charge for any one month in terms of thi...
M/S. Shrachi Securities Ltd. Vs. M/S. Bajaj Tempo Ltd.
Court: Kolkata
Decided on: Dec-06-2012
ORDER SHEET CS No.339 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction M/S.SHRACHI SECURITIES LTD.Versus M/S.BAJAJ TEMPO LTD.BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date:6. h December, 2012. Appearance: Mr.Deb Kumar Sen, Advocate ...for the plaintiff DICTATED ORDER The Court: for the Mr.Deb Kumar Sen, learned counsel appearing plaintiff files represent the defendant. occasions, Mr.Anil suggested issues. None appears It may be recorded that on the last Chowdhury and Mr.Sayantan Bose, learned advocates were before the court to represent the defendant. are not available today. side of the defendant. to They No suggested issue is filed from the The matter was adjourned on repeated occasions with the direction to the parties to file suggested issues. represent Acting on such direction, Mr.Sen is before the court to the plaintiff with the suggested issues. Suggested issues filed by Mr.Sens client is taken on record. Perused the pleadings of the parties. Heard Mr....
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