Kolkata Court April 2012 Judgments
Magma Fincorp Limited Vs. Badrinath Ojha and anr
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET AP No.286 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE MAGMA FINCORP LIMITED Versus BADRINATH OJHA & ANR BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :17. h April, 2012. Appearance: Mr.P.Saha, The Court :- The Adv.petitioner financed Rs.12,26,000/- to the respondent no.1 for purchase of the vehicle specified in paragraph 2 of the petition. The amount advanced along with interest was repayable in 46 equal monthly instalments of Rs.34,300/- per month (except the fiRs.instalment, which was of Rs.26,000/-) commencing from 10.10.2010 and ending on 10.7.2014. An agreement dated 16.9.2010 was executed by and between the petitioner and the respondents in terms whereof the petitioner has the right to take possession of the vehicle, in default of compliance with the terms and conditions of the agreement including in payment of any instalment, sell the same, and realize the proceeds thereof towards pro tanto satisfaction of its dues. The agreement also contains a clause for...
Tag this Judgment!Sanjeev Yadav Vs. Sri Hemant Kujur
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET CC No.35 of 2009 With CC No.47 of 2009 WP No.482 of 2007 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction [Contempt].ORIGINAL SIDE IN THE MATTER OF: SANJEEV YADAV Versus Sr.HEMANT KUJUR BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :17. h April, 2012. For Petitioner :Mr.Soumya Majumder, Advocate with Mr.Arjun Roy Mukherjee, Advocate. For ContemNo.:Mr.Alok Banerjee, Advocate with Mr.P.Kr. Das, Advocate. Re:-CC No.47 of 2009 The Court:-The subject or dispute in this proceeding is promotion of the writ petitioner from E-4 to E-5 grade in the common cadre of the Coal India LTD.The petitioner wants his position in the gradation list in E-4 grade to be computed from the date he passed fiRs.class Mines Managers Certificate of Competency [MMCC].In the writ petition, out of which the present contempt action arises, the petitioners grievance was directed to addressed to in the following manner:- Considering all these aspects, the present writ application being W.P.No.482 of...
Tag this Judgment!Union of India and anr. Vs. R.V.Rails Product Pvt. Ltd.
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET GA NO.546 OF 201.APOT NO.98 OF 201.CS NO.38 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UNION OF INDIA & ANR. Versus R.V.RAILS PRODUCT PVT.LTD.BEFORE: The Hon'ble CHIEF JUSTICE AND The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :17. h April, 2012. For appellants : Mr.L.K.Chatterjee with Mrs.A.Banerjee. For Respondents : Mr.J.Saha, Mr.S.Sen, Mr.A.Chowdhury, Mr.J.Surana, Mr.R.Sarkar, Ms.U.Bagree, Mr.N.Barlia. The Court : This is an application for stay of the operation of the judgment and order dated February 7, 2012 passed in TA No.8 of 2012 and CS No.38 of 2012 by a learned Trial Judge of this Court. While hearing the application for stay, with the consent of the parties, we propose to dispose of the appeal itself. The learned Trial Judge by the order impugned in the present appeal had, inter alia, directed that the show-cause notice should preferably be adjudicated within a period of one month from the date of the order. The learned ...
Tag this Judgment!B. Ghose and Co. Private Limited Vs. Container Corporation of India Li ...
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET GA NO.3730 OF 201.CS NO.326 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE B. GHOSE & Co.PRIVATE LIMITED Versus CONTAINER CORPORATION OF INDIA LIMITED & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :17. h April, 2012. Mr.J.Saha, Mr.D.Ghosh, Ms.S.Guptaappear. Mr.K.Bose, Mr.D.Sarkarappear. Mr.A.K.Chtterjee, senior advocate,Mr.A.K.Dey...appear. The Court : There can be no doubt that the bank guarantee dated 23rd September, 2010 was unconditional and payable on demand. But clause 2 of this bank guarantee is very important. It is in the following terms : We the bank do hereby agree to be the primary obligator and undertake and promise to pay the amount due or payable under this guarantee without any demur, merely on a written demand from the Chief General Manager, Southern Region, Container Corporation of India Ltd., stating that the amount claimed is due by way of loss or damage caused to or would be caused or suffered by the Contain...
Tag this Judgment!Magma Fincorp Ltd.Petitioner Vs. Padmanava Mohanta and anr.Respondents
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET A.P.No.199 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Petitioner Versus PADMANAVA MOHANTA & ANR. Respondents BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :17. h April, 2012. For Petitioner : Mr.K.K.Pande, Adv.The petitioner financed Rs.13,00,000/- to the respondent no.1 for purchase of the assets of the specifications given in paragraph 2 of the petition. The amount advanced, along with interest, was repayable in 45 monthly instalments commencing from 1st December, 2010 and ending on 1st September, 2014. An agreement dated 4th November, 2010 was executed by and between the petitioner and the respondents, in terms whereof the petitioner has the right to take possession of the assets, in default of compliance with the terms and conditions of the agreement, including default in payment of any instalment, sell the same and realize the proceeds thereof towards protanto satisfaction of its dues. The agreement als...
Tag this Judgment!State of West Bengal Vs. Shri Usha Ranjan Sarkar
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET GA NO.668 OF 201.APO NO.474 OF 199.AC NO.125 OF 199.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STATE OF WEST BENGAL Versus SHRI USHA RANJAN SARKAR BEFORE: The Hon'ble JUSTICE SENGUPTA The Hon'ble JUSTICE ASIM KR. MONDAL Date :17. h April, 2012. Appearance : Mr.Jishnu Saha, Adv., Mr.Reetobroto Mitra, Adv., Mr.Paritosh Sinha, Adv., for the appellant. Mr.Jayanta Kumar Mitra, Sr.Adv., Mr.Sabyasachi Chowdhury, Adv., Mr.S.Sen, Adv., for the respondent. The Court : The matter is taken up for further hearing. Xerox copy of the cause list of the relevant date has been produced before us. It appears that this matter was appearing with the absolute misleading cause title under the heading Chapter XXXI Rule 22 of the Original Side Rules. It was not the fault of the litigant. It was a printing mistake and this printing mistake took place under the supervision of the Court. So, the Courts failure does not injure any person. Mr.Mitra, learned senior A...
Tag this Judgment!Magma Fincorp Limited Vs. Ashok Kumar Samal and anr.
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET AP No.284 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE MAGMA FINCORP LIMITED Versus ASHOK KUMAR SAMAL & ANR. BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :17. h April, 2012. Appearance: Mr.S.Mukherjee, Adv.The Court :- The petitioner financed Rs.14,00,000/- to the respondent no.1 for purchase of the vehicle specified in paragraph 2 of the petition. The amount advanced along with interest was repayable in 47 equal monthly instalments of Rs.39,500/- per month (except the last instalment, which was of Rs.21,042/-) commencing from 20.12.2010. An agreement dated 27.11.2010 was executed by and between the petitioner and the respondents in terms whereof the petitioner has the right to take possession of the vehicle, in default of compliance with the terms and conditions of the agreement including in payment of any instalment, sell the same, and realize the proceeds thereof towards pro tanto satisfaction of its dues. The agreement also contains a clause for resolution of...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-17-2012
CP No.38 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction In the matter of:PROSANTO SAHA And THE REGISTRAR OF COMPANIES Appearance Mr.Ranjan Bachawat, Advocate Mr.Suman Dutta, Advocate Ms.Husnara Begum, Advocate BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h April, 2012. The Court : This is a petition under Section 560 of the Companies Act, 1956 by a person claiming to have been a director of a company that suffered the ignominy of its name being struck off for non-filing of statutory records. It is admitted by the petitioner that though the company enjoyed an exemption, pursuant to a Court order, from filing its statutory records following disputes having arisen between those in management of the company, the exemption ran out in or about the year 1998 and the statutory records and documents had not been filed by the company with the Registrar between 1998 and the time that the companys name was struck off in the year 2007. The petitioner says that the Registrar di...
Tag this Judgment!Orissa Manganese and Minerals Ltd. Vs. Synergy Ispat Pvt. Ltd.
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT No.184 of 2012 TA No.42 of 2012 AP No.245 of 2012 ORISSA MANGANESE & MINERALS LTD.Versus SYNERGY ISPAT PVT.LTD.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA A n d The Hon'ble JUSTICE ASIM KR. MONDAL Date :17. h April, 2012. The Court : At the outset, we record that the parties have agreed to resolve their disputes at an early date that all the disputes arising out of the transaction between the parties shall be referred under the arbitration agreement, to the sole Arbitrator, Mr.Pradip Kumar Ghosh, Barat-Law, Senior Advocate of this Court of the Bar Library Club. The parties have also agreed as such we record that Mr.Mukherjees client has decided not to proceed with the pending application under Section 11 of the Arbitration & Conciliation Act, 1996. As such his client undertakes before us to withdraw this application. Mr.Banerjees client has also agreed and undertaken before us not to oppose ...
Tag this Judgment!Magma Fincorp Limited Vs. Satyanarayan SwaIn and anr
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET AP No.287 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE MAGMA FINCORP LIMITED Versus SATYANARAYAN SWAIN & ANR BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :17. h April, 2012. Appearance: Mr.P.Saha, The Court :- The Adv.petitioner financed Rs.14,00,000/- to the respondent no.1 for purchase of the vehicle specified in paragraph 2 of the petition. The amount advanced along with interest was repayable in 47 equal monthly instalments of Rs.39,500/- per month (except the last instalment, which was of Rs.21,042/-) commencing from 10.12.2010 and ending on 10.10.2014. An agreement dated 16.11.2010 was executed by and between the petitioner and the respondents in terms whereof the petitioner has the right to take possession of the vehicle, in default of compliance with the terms and conditions of the agreement including default in payment of any instalment, sell the same, and realize the proceeds thereof towards pro tanto satisfaction of its dues. The agreement also contain...
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