Kolkata Court February 2012 Judgments
Appellant Vs. Respondent
Court: Kolkata
Decided on: Feb-22-2012
1 C.P.No.366 of 2011 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction In the matter of: TANTIA CONSTRUCTIONS LIMITED -AndROAD BUILDIER (M) SDN BHD ..Petitioner For the Petitioning Creditor : Mr.Mr.Mr.Mr.Mainak Bose, Advocate with U.S.Menon, Saunak Sengupta, S. Sultana, Advocates For the Company : Mr.Ranjan Bachawat, Advocate with Mr.Saikat Sen, Ms.Ipsita Banerjee, Mr.S.Sengupta, Advocates Heard on :13. 02.2012 Judgment on :22. d February, 2012 I.P.MUKERJI, J. This is an application for the winding up of Tantia Constructions LTD.(hereinafter the company.).It is made by a Malaysian company by the name of Road Builder (M) Sdn Bhd, (hereinafter the petitioning creditor.).These two companies entered into a joint venture agreement on 14th July, 2003 for setting up a project in the State of Mizoram. After sometime, the company pulled out of it. They entered into a different relationship. The petitioning creditor agreed, on 15th December, 2007, to sell to the company plant, machinery and ve...
Tag this Judgment!NavIn Chandra Ojha Vs. Calcutta Safe Deposit Co. Ltd. and ors.
Court: Kolkata
Decided on: Feb-22-2012
1 ORDER SHEET GA No.3490 of 2011 With CS No.159 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the matter of: NAVIN CHANDRA OJHA Versus CALCUTTA SAFE DEPOSIT Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :22. d February, 2012. Appearance: Mr.Dhruba Ghosh, Adv.Mr.S.Basu, Adv..for the defendant no.5. Mr.Aniruddha Mitra, Adv.Mr.Imran Tarafdar, Adv..for the defendant no.1. Mr.Joy Saha, Adv..for the defendant No.2. Miss Debamitra Adhikari, Adv.Mr.Mohit Gupta, Adv.Mr.Sarvopriya Mukherjee, Adv.Miss Priyanka Khana, Adv.. for the defendant no.3. Mr.Sandip Kumar De, Adv.Mr.Anupam Das, Adv..for the K.M.C.The Court: This is an application by the fifth defendant, Shri Ram Ojha. It is moved by Mr.Dhruba Ghosh learned Advocate. He is supported by the second and fourth defendants, Shri Promod Rai Ojha and Smt.Maya Devi Ojha, represented by Mr.Joy Saha learned Advocate. They are opposed by the plaintiff no.1 and the third defendant represented by ...
Tag this Judgment!Ms. Arati Ghosh Vs. Cultural Enterprises Corporation and ors.
Court: Kolkata
Decided on: Feb-22-2012
ORDER SHEET GA NO.267 OF 201.CS NO.203 OF 200.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Ms.ARATI GHOSH Versus CULTURAL ENTERPRISES CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :22. d February, 2012. Mr.D.Mantosh, Mr.S.Gangulyappear for applicant. Mr.P.C.Pal Chowdhury, Mr.R.Chatterjeeappear for defendant nos.5 to 9. Mr.A.C.Kar appears for plaintiff. Mr.S.Goswamiappears for defendant no.2 The Court : This is an application by the third and fourth defendants. It appeared from the submission made by Mr.Mantosh on behalf of these defendants that his clients are apprehensive about the order dated 9th November, 2011 appointing a Special Referee to determine mesne profits of the subject premises. This order was passed subsequent to the order dated 2nd September, 2011 of Sanjib Banerjee, J. in a Chapter XIIIA application made in the above suit. He allowed the application. A part decree of eviction against the second defendant from premises...
Tag this Judgment!Rajendra Kumar Sharma and ors. Vs. Prashant Shrivastava and ors.
Court: Kolkata
Decided on: Feb-22-2012
ORDER SHEET GA No.280 of 2012 GA No.281 of 2012 GA No.283 of 2012 APOT No.46 of 2012 WP No.1217 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RAJENDRA KUMAR SHARMA & ORS.Versus PRASHANT SHRIVASTAVA & ORS.BEFORE: The Hon'ble JUSTICE PRATAP KUMAR RAY The Hon'ble JUSTICE PRASENJIT MANDAL Date :22. d February, 2012. Mr.Bikash Ranjan Bhattacharya, Sr.Adv.Mr.Soumya Majumder, Adv.Mr.Sunny Nandy, Adv.for the Appellants Mr.L.K.Gupta, Sr.Adv.Mr.Biswaroop Bhattacharya, Adv.Ms.Ashmita Ghosh, Adv.for respondents/writ petitioners Mr.Aloke Banerjee, Mr.P.K.De, Mr.Debabrata Das, Adversus for Coal India LTD.The Court : Heard the learned Advocates appearing for the parties. In this application seeking leave to appeal it is the case of the applicant that he is affected by the judgment under appeal as his seniority issue was not considered by the Learned Trial Judge and that he was not made a party in the Writ Court. Having regard to such and considering the submissions ...
Tag this Judgment!Vs. the Board of Trustees for the Port of Kolkata and ors
Court: Kolkata
Decided on: Feb-22-2012
ORDER SHEET W.P.No.98 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.FAIR DEAL SUPPLIES LTD Plaintiff/Petitioner/Applicant Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS .Defendant/Respondent For Plaintiff/Petitioner : MR.L.C.BIHANI,SR.ADVOCATE, MS.NOELLE BANERJEE,ADVOCATE, MR.D.DEY,ADVOCATE. For Defendant/Respondent : MR.S.TALUKDER,SR.ADVOCATE, MR.S.GHOSH,ADVOCATE. BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date :22. d February, 2012. The Court : Affidavit of service filed in Court today be kept on record. This writ petition has been filed challenging the intimation dated 29th December, 2011 issued by the Manager (Administration).Haldia Dock Complex, Kolkata Port Trust, the respondent no.4, on the ground that though by an order dated 22nd December, 2010 direction was issued to communicate the decision to the petitioner it has not been done as evident from the impugned intimation. Mr.Talukder, learned senior advocate for the Kolkata P...
Tag this Judgment!Capricorn Oils Limited and Others Vs. Ratan Mohan Sarda and Others
Court: Kolkata
Decided on: Feb-21-2012
1 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APO No. 115 of 2010 ACO No. 91 of 2009 ACO No. 92 of 2009 ACO No. 118 of 2011 CAPRICORN OILS LIMITED AND OTHERS VERSUS RATAN MOHAN SARDA AND OTHERS AND APO No. 116 of 2010 ACO No. 96 of 2009 AMBO CREDIT PRIVATE LIMITED VERSUS RATAN MOHAN SARDA AND OTHERSFor the Appellants inAPO No. 115 of 2010: Mr P.C. Sen, Sr Adv., Mr Ranjan Deb, Sr Adv., Ms Manju Bhuteria, Adv., Mr Sabyasachi Chowdhury, Adv., Mr Ravi Asopa, Adv.For the Appellant inAPO No. 116 of 2010: Mr Debanshu Basak, Adv.For the Respondents: Mr S.N. Mookerjee, Sr, Adv., Mr Ratnanko Banerji, Adv., Mr Krishna Raj Thakkar, Adv., Mr Rujdrajit Sarkar, Adv., Mr Saunak Mitra, Adv.Hearing concluded on: February 17, 2012. 2BEFOREThe Hon'ble JusticeSANJIB BANERJEEDate: February 21, 2012.SANJIB BANERJEE, J. : - The two appeals under Section 10F of the Companies Act, 1956 arise out of the same order passed by the Company Law Board, Principal Bench, disposing of a petition under Sec...
Tag this Judgment!Usha MartIn Limited -and- Vs. the Registrar of Companies, West
Court: Kolkata
Decided on: Feb-21-2012
CA No. 453 of 2009 CP No. 268 of 2009 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: USHA MARTIN LIMITED -AND- PURANDAR BHATTACHARY Versus THE REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 21st February, 2012. Appearance: Mr. S. N. Mookerji, Sr. Adv. Ms. Manju Bhuteria, Adv. Ms. Soma Chatterjee, Adv. The Court : The petition under Section 633(2) of the Companies Act, 1956 relates to seven charges included by the Registrar in a show- cause notice of April 17, 2009. It appears that the Registrar's office noticed the perceived discrepancies following an inspection under Section 209A of the Act. Prior to the issuance of the show-cause notice, the observations of the officers were made known to the company and the company had furnished an explanation. The show-cause notice was issued upon the company's explanation not being found to be satisfactory. Of the several charges levelled in the show-cause notice of April 17, 2009, th...
Tag this Judgment!Swan Gold Mining Limited Vs. Hindustan Copper Ltd
Court: Kolkata
Decided on: Feb-17-2012
1F.J(2) IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE PRESENT :THE HON'BLE JUSTICE PATHERYA A. P. No. 583 OF 2009 SWAN GOLD MINING LIMITED -Versus- HINDUSTAN COPPER LTD. For the petitioner :Mr. Surojit Nath Mitra, Sr, Adv., Mr. Amitava Ghosh, Adv. Mr. Abhijit Sarker, Adv. For the respondent :Mr. Ranjan Bachwat, Adv., Mr. Surya Sadhan Basu, Adv. Heard on :12.3.10, 22.6.10, 19.11.10, 22.11.10, 25.11.10, 6.12.10 and; 23.12.10. JUDGMENT ON :17th February, 2012. PATHERYA J. : This is an application filed under Section 34 of the 1996 Act to set aside the Award dated 24th July, 2009. 2 The case of the petitioner is that a notice inviting tender (NIT) was issued by Hindustan Copper Ltd. (HCL) inviting offers for operation of its Surda Mine and Mosabani Concentrator Plant. The Price Bid was exclusive of all taxes as per the terms of the NIT and on basis thereof the offer was submitted. Such offer was subsequently modified and in such modified offer too taxes ...
Tag this Judgment!Ayesha Khatun Vs. the State of West Bengal and ors
Court: Kolkata
Decided on: Feb-17-2012
1 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original SidePresent:The Hon'ble Justice Jyotirmay Bhattacharya W. P. No. 905 of 2011 AYESHA KHATUN Versus THE STATE OF WEST BENGAL and; ORS.For the Petitioner : Mr. Pratik Dhar Mr. Sarwar JahanFor the S.S.C. : Mr. Abhijit Gangopadhyay For the State : Mr. A. K. Ganguly Mr. Pankaj Haldar Hearing On : 18.11.2011, 25.11.2011, 09.12.2011, 16.12.2011, 13.01.2012, 17.01.2012, 03.02.2012 and; 07.02.2012.Judgment On : February 17, 2012. In a compelling circumstances the petitioner herein, who is an approved Assistant Teacher of Sadi Khans Dearh Girls' Junior High School in the District of Murshidabad, submitted a representation before the Director of School Education (Secondary Education), West Bengal, praying for her transfer from the said school to any other school away from the place of work of the petitioner. Since petitioner's such prayer has not been considered by the Director of School Education (SE) since August, 2011, t...
Tag this Judgment!Ai Champdany Industries Limited Vs. Duncan International (i) Limited
Court: Kolkata
Decided on: Feb-16-2012
1 In the High Court at Calcutta Civil Appellate Jurisdiction In Appeal From A Decree Passed Under Its Ordinary Original Civil Jurisdiction Original Side Present : The Hon'ble Justice J.N. Patel, Chief Justice And The Hon'ble Justice Dr. Sambuddha Chakrabarti A.P.D. No. 406 of 2010 C.S. No.223 of 2008 AI CHAMPDANY INDUSTRIES LIMITED ...APPELLANT/DEFENDANT Versus DUNCAN INTERNATIONAL (I) LIMITED ...RESPONDENT/PLAINTIFF with A.P.D. No. 407 of 2010 C.S. No. 220 of 2008 AI CHAMPDANY INDUSTRIES LIMITED ...APPELLANT/DEFENDANT Versus ARINDAM INVESTMENTS PRIVATE LIMITED ...RESPONDENT/PLAINTIFF with A.P.D. No. 410 of 2010 C.S. No.221 of 2008 AI CHAMPDANY INDUSTRIES LIMITED ...APPELLANT/DEFENDANT 2 Versus COSMOPOLITAN INVESTMENT LIMITED ...RESPONDENT/PLAINTIFF with A.P.D. No. 409 of 2010 C.S. No.225 of 2008 AI CHAMPDANY INDUSTRIES LIMITED ...APPELLANT/DEFENDANT Versus NEW INDIA INVESTMENT CORPORATION LIMITED ...RESPONDENT/PLAINTIFF with A.P.D. No. 408 of 2010 C.S. No.222 of 2008 AI CHAMPDANY IND...
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