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Kolkata Court February 2012 Judgments

Feb 16 2012

The Statesman Limited Vs. Paper Trade and Industries Pvt Ltd.

Court: Kolkata

Decided on: Feb-16-2012

ORDER SHEET APOT NO.67 OF 201.TA 18/2012 CP 78/2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE STATESMAN LIMITED Versus PAPER TRADE & INDUSTRIES PVT LTD.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :16. h February, 2012. The Court : There will be order in terms of prayer (a) of the petition, if not already granted. Mr.Chowdhury, upon instruction, submits that his client does not want to file any affidavit in opposition to the application for interim reliefs. However, the allegations contained in the petition are not admitted by his client. Hearing of the appeal is expedited. Let the paper books be filed enclosing all the papers used before the learned Single Judge. the index shall be prepared. appeal. However, Mr.Chowdhury waives service of the notice of The paper books shall be prepared and filed within a week from date. Once the paper books are made ready, liberty is given to both the parties to mention f...

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Feb 16 2012

Chowringhee Prakashan Pvt. Ltd. Vs. Begwani Trade and Industries Pvt L ...

Court: Kolkata

Decided on: Feb-16-2012

ORDER SHEET APOT NO.71 OF 201.ACO 24/2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE CHOWRINGHEE PRAKASHAN PVT.LTD.Versus BEGWANI TRADE & INDUSTRIES PVT LTD.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :16. h February, 2012. The Court : The appeal and the application are both treated on days list by consent of the parties and taken up for hearing. There will be order in terms of prayer (a) of the petition. Mr.Chowdhury, upon instruction, submits that his client does not want to file any affidavit in opposition to the application for interim reliefs. However, the allegations contained in the petition are not admitted by his client. Hearing of the appeal is expedited. Let the paper books be filed enclosing all the papers used before the learned Single Judge. the index shall be prepared. appeal. However, Mr.Chowdhury waives service of the notice of The paper books shall be prepared and filed within a week from dat...

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Feb 16 2012

…appellant/Defendant 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 Honble Justice J.N. Patel, Chief Justice And The Honble 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 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 INDUSTRIES LIMITED APPELLANT/DEFENDANT...

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Feb 16 2012

Ashdene Investment Ltd. and ors. Vs. Warren Tea Ltd. and ors.

Court: Kolkata

Decided on: Feb-16-2012

GA No.3191 of 2011 CS No.229 of 2011 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Ashdene Investment LTD.& ORS.Versus Warren Tea LTD.& ORS.Before: The Honble Justice I.P.MUKERJ.Date:16. h February 2012 Appearance: Mr.Vivek Jhunjhunwala, Advocate Mr.Samik Kanti Chakraborty, Advocate appears for the plaintiffs Mr.Sudipta Sarkar, Sr.Advocate Mr.Prasanta Kr. Dutt, Advocate Ms.Mausumi Chakraborty, Advocate appear for respondent No.1 The parties consent to hold a meeting of the Board of Directors of the Company, for the reconstitution of the Board of DirectORS.in which Mr.Anil Ruia, the petitioner No.7 who is already a director, shall nominate three persons to be appointed as directors and Mr.Vinay Goenka, the respondent No.2, shall have four directors including himself and procure the resignation of remaining directORS.In additions Mr.C.K. Dhanuka and Mr.Pradip K. Khaitan shall also be appointed as directORS.Mr.Dhanuka shall be the Chairman of the Board a...

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Feb 16 2012

Shri Hanuman Steel Industries and anr. Vs. the Union of India

Court: Kolkata

Decided on: Feb-16-2012

ORDER SHEET GA No.1110 of 2011 Award Case No.62 of 1992 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHRI HANUMAN STEEL INDUSTRIES & ANR. Versus THE UNION OF INDIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :16. h February, 2012. Mr.Jishnu Chowdhury, Adv.for the applicants Mr.R.L.Chatterjee, Adv.for the respondent The Court : No grounds have been made out as to why this extraordinary application should be allowed or the challenge to an award that stood dismissed for default in the year 2007 should be resurrected five years down the line. There is no plausible explanation as to what diligent steps had been taken by the applicants in pursuing the applicants petition under Sections 30 and 33 of the Arbitration Act, 1940. The award case was filed in the year 1992 and the only thing that the applicants have to show is that in the records of the Court in the year 2004 the matter was shown as pending. The applicants say that it was only on April 2, 20...

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Feb 16 2012

The Statesman Limited Vs. Begwani Trade and Industries Pvt Ltd.

Court: Kolkata

Decided on: Feb-16-2012

ORDER SHEET APOT NO.68 OF 201.TA 19/2012 CP 105/2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE STATESMAN LIMITED Versus BEGWANI TRADE & INDUSTRIES PVT LTD.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :16. h February, 2012. The Court : There will be order in terms of prayer (a) of the petition, if not already granted. Mr.Chowdhury, upon instruction, submits that his client does not want to file any affidavit in opposition to the application for interim reliefs. However, the allegations contained in the petition are not admitted by his client. Hearing of the appeal is expedited. Let the paper books be filed enclosing all the papers used before the learned Single Judge. the index shall be prepared. appeal. However, Mr.Chowdhury waives service of the notice of The paper books shall be prepared and filed within a week from date. Once the paper books are made ready, liberty is given to both the parties to mentio...

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Feb 16 2012

Smt. Srabani Mascharak Chowdhury Vs. Messrs Dey Dutta Enterprises and ...

Court: Kolkata

Decided on: Feb-16-2012

ORDER IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction GA No.3697 of 2011 Suit No.58 of 2010 SMT. SRABANI MASCHARAK CHOWDHURY Versus MESSr.DEY DUTTA ENTERPRISES & OTHERS GA No.3698 of 2011 Suit No.59 of 2010 SMT. SRABANI MASCHARAK CHOWDHURY Versus MESSr.DEY DUTTA ENTERPRISES & OTHERS BEFORE: The Hon'ble JUSTICE MAHARAJ SINHA Date:16. February 2012. Appearance: Mr.Rajshekhar Mantha, Advocate Mr.Indrajit Sen with Mr.Subhash Medda and Mr.Tapas Kr. Mitra, Advocates There are two applications, GA No.3697 of 2011 and GA No.3698 of 2011 made by the 2nd and 3rd defendant in the two suits, namely CS No.58 of 2010 and CS No.59 of 2010 respectively for setting aside two separate decrees passed ex parte on 23 November 2011 based on identical facts and as such I intend to consider them in this judgment combinedly. Admittedly, after the institution of the two suits, the respective writs of summons were served upon all the defendants and there is no dispute with regard to due servic...

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Feb 16 2012

Vs. N.B.C.C. Ltd.Re

Court: Kolkata

Decided on: Feb-16-2012

AP No.176 of 2004 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.KALIMATA CONSTRUCTION Versus N.B.C.C.LTD.Petitioner Respondent For Petitioner : Mr.Bijon Majumder, Advocate For Respondent : Ms.Kumkum Das, Advocate BEFORE: The Hon'ble CHIEF JUSTICE Date :16. h February, 2012 The Court : It has been brought to my notice that Justice Bisi, a former Judge of this Court has recused from the matter on the ground that the original arbitration proceedings relating to the sitting held before the previous arbitrator and the documents have not been produced before him and therefore withdraws himself from his office as arbitrator. The learned Advocate for the petitioner submits that if an arbitrator is appointed in the matter, he will take necessary steps to procure the original records and papers from the former arbitrator, that is, Justice Prabir Samanta, a retired Judge of this Court, or will obtain a letter of having misplaced or lost the proceedings so th...

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Feb 16 2012

Vs. the Kolkata Municipal Corporation and ors. Defendant/Responden

Court: Kolkata

Decided on: Feb-16-2012

ORDER SHEET W.P.No.537 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TAPAN KUMAR SHAH & ANR. Plaintiff/Petitioner/Applicant Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Defendant/Respondent For Plaintiff/Petitioner : MR.RUPAK GHOSH,ADVOCATE For KMC : MR.ASOK KUMAR BANERJEE,SENIOR ADVOCATE, Ms.TANUSHREE DASGUPTA, ADVOCATE. BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date :16. h February, 2012. The Court : It is submitted by Mr.Ghosh, learned advocate for the petitioner that time may be extended for paying the charges under Serial Nos.1,2,3,4 & 6 as directed by order dated 23rd December, 2011. It is also submitted that payment of 50% of the amount under Serial No.5 may be waived as the petitioner is in difficulty to pay the same. I find that such payment was directed to be paid by 4th January, 2012 and the Corporation was directed not to take any coercive action including demolition till 4th January, 2012. It appears that the petitioner preferred app...

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Feb 16 2012

Ranjana Dutta Vs. Ashim Kumar Dutta and ors.

Court: Kolkata

Decided on: Feb-16-2012

APOT No.69 OF 201.ACO No.22 of 2012 WITH CP No.91 of 1973 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RANJANA DUTTA Versus ASHIM KUMAR DUTTA & ORS.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :16. h February, 2012. The Court :- Upon hearing Mr.P.Chattejree, learned Senior Counsel and Mr.S.K.Das, learned Counsel appearing for respondent No.2, Atanu Dutta and Smt. Smita Sinha (nee Das Dey) appearing for Official Liquidator and of couRs.learned Counsel appearing for respondent No.1, Mr.Saumyen Dutta & Ms.Iti Dutta we think further hearing shall be taken on the next adjourned date. We are told that an application for recalling of the order of dismissal of the appeal preferred against the order of winding up is scheduled to be heard tomorrow. Much depends upon the result of that application. Accordingly, we decide to wait till the decision is taken by another Bench. Mr.Chatterjee submits that the follow up action wil...

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