Kolkata Court June 2012 Judgments
Magma Fincorp Ltd. Vs. Padmanava Mohanta and anr.
Court: Kolkata
Decided on: Jun-28-2012
AP No.199 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LTD.Versus PADMANAVA MOHANTA & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :28. h June, 2012. The Court : The respondents are not represented despite previous service. The Receiver appointed in the matter has filed a report from which it appears that no inventory of the asset that forms the subjectmatter of the agreement between the parties could be made since the whereabouts thereof could not be ascertained. The petitioner reports that an award has been passed in the petitioners favour on May 5, 2012. The subsisting order of injunction will continue but it will not prevent the respondents from using the asset in the usual couRs.of business till such time the Receiver takes possession thereof. The Receiver is permitted to appoint an agent to ascertain the whereabouts of the asset. Upon the Receivers agent discovering the location of the asset, the Receiver will proceed to take p...
Tag this Judgment!Bhutoria Valve Udyog Limited and Another Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Jun-28-2012
ORDER SHEET WP NO.994 OF 200.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BHUTORIA VALVE UDYOG LIMITED AND ANOTHER Versus STATE OF WEST BENGAL & OTHERS BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :28. h June, 2012. Mr.Manabendra Singh Jadav, Adv., for the petitioner. Mr.T.M.Siddiqui, Adv., for the respondent. The Court : The Court : The case of the writ petitioner in this writ application is that the Government has taken on lease some portion of the property in question and the lease agreement was entered into on December 12, 2001 for five years and the aforementioned lease expired on February 28, 2006. The lease agreement contains renewal clause. Learned counsel for the writ petitioner submits that the renewal clause clearly stipulates that in case the lessee was desirous of having renewal of the lease for a further period from the expiration of the time granted, it should give notice to the lessor and the rent would be fixed by the Land A...
Tag this Judgment!Padam Kishore Haralalka Vs. Central Bank of India and ors.
Court: Kolkata
Decided on: Jun-28-2012
ORDER SHEET WP No.694 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PADAM KISHORE HARALALKA Versus CENTRAL BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:28. h June, 2012 Mr.Saptangshu Basu, Sr.Adv.with Mr.Saurabh Mitra, Adv.Ms.Sutapa Sanyal, Adv..for the petitioner Mr.Biswanath Jha, Adv..for the respondents The petitioner applied for information before the Public Information Officer of Central Bank of India by invoking the provision of Section 6 of the Right to Information Act. The application was considered by the Public Information Officer and by letter dated 23rd March, 2011, the petitioner was informed that information sought for by him could not be provided in view of Section 8 (1)(j) and (d) of the Act. A fiRs.appeal under Section 19(1) of the Act was preferred by the petitioner before the FiRs.Appellate Authority. The FiRs.Appellate Authority dismissed the appeal and confirmed the order of the Public Information Office...
Tag this Judgment!Acknit Industries Ltd.Plaintiff/Petitioner/Applicant Vs. Kolkata Munic ...
Court: Kolkata
Decided on: Jun-28-2012
ORDER SHEET G.A.No.3416 of 2011 W.P.No.74 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ACKNIT INDUSTRIES LTD.Plaintiff/Petitioner/Applicant Versus KOLKATA MUNICIPAL CORPORATION Defendant/Respondent BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date :28. h June, 2012. For Petitioner : MR.A.BANERJEE,ADVOCATE For KMC: MR.B.MUKHERJEE,ADVOCATE MR.G.C.DAS,ADVOCATE The Court : In this application, the petitioner has challenged the Memo dated 11th November, 2011, being annexure-F to the application, whereby a sum of Rs.35,81,620/- has been shown as the outstanding dues against the property in question and intimation has been given that in case of failure Kolkata Municipal Corporation would be constrained to take penal measures as per the provisions of the Kolkata Municipal Corporation Act, 1980 and the Rules framed thereunder. It is submitted by Mr.Banerjee, learned advocate for the petitioner, that in view of the order dated 8th April, 2009 passed in APO 7.o...
Tag this Judgment!M/S. Ahuja Builders and ors. Vs. the Board of Trustees for the Port of ...
Court: Kolkata
Decided on: Jun-28-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.528 of 2012 M/S.AHUJ.BUILDERS & ORS.Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.WP No.519 of 2012 RAJESH CHUREWAL Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.WP No.521 of 2012 MANIK CHAND BOTHRA Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.WP No.522 of 2012 ANIL BOTHRA Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.WP No.526 of 2012 BAND BOX & ORS.Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:28. h June, 2012 Mr.Saptangshu Basu, Sr.Adv.with Mr.D.N. Sharma, Adv..for the petitioners Mr.Joydeep Kar, Adv.with Mr.D.P. Mukherjee, Adv..for the respondents These writ petitions involve common questions of law and fact. The same have been heard together and shall stand disposed of by this common order. Orders of the Estate Officer, declining to release goods/articles as prayed by the pet...
Tag this Judgment!Ajabul Biswas Vs. Union of India
Court: Kolkata
Decided on: Jun-28-2012
ORDER SHEET APO No.309 of 2011 With AP No.131 of 2005 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction AJABUL BISWAS versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE BANERJEE AND The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :28. h June, 2012. Mr.Sarathi Dasgupta, Mr.Anik Banerjee for the appellant. Mr.Partha Sarathi Bose, Sr.Advocate, Mr.Bhaskar Prosad Banerjee for the respondent. The Court : The appellant was entrusted with a work for constructing a SPUR Work near Farakka Barrage to avoid excess flow of water during monsoon. The work was completed. However, the contractor being the appellant abovenamed was not happy with the payment. He raised a dispute that was referred to arbitration. The Arbitrator ultimately published an award in his favour. The Union of India filed application for setting aside of the award. They were unsuccessful. They preferred appeal before the Division Bench that was disposed by the Division Bench being presided over by one of us (Ashim Kumar Bane...
Tag this Judgment!S.S.D. Properties Private Limited Vs. the Registrar of Companies, West ...
Court: Kolkata
Decided on: Jun-28-2012
ORDER SHEET CP No.113 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE S.S.D.PROPERTIES PRIVATE LIMITED Versus THE REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :28. h June, 2012. Mr.Chayan Gupta, Adv.for the petitioner Mr.D.N.Chatterjee, Adv.for R.O.C.The Court : The petition is by persons connected with a company whose name has been struck off. The Registrar of Companies has filed an affidavit. It is evident that the annual accounts and other records of the company have not been presented before the Registrar from or about the year 2003-04. The Registrar had made a rough assessment of the penalty and late filing fees that the company would be liable to pay if the statutory documents were to be filed now. According to the Registrar, the figure would be to the tune of Rs.90,000/-. Subject to the petitioner paying a sum of Rs.1 lakh to the Registrar of Companies within a week from date, the Registrar will restore the name o...
Tag this Judgment!Kabra Brothers Vs. Jai Jagannath Movers (P) Ltd.
Court: Kolkata
Decided on: Jun-28-2012
ORDER SHEET GA No.1559 of 2012 CS No.78 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KABRA BROTHERS Versus JAI JAGANNATH MOVERS (P) LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :28. h June, 2012. Appearance: Mr.Pratap Chatterjee, Sr.Advocate Mr.Ratnanko Banerjee, Advocate Mr.S.Jhunjhunwala, Advocate The Court: This application is moved ex-parte. It is submitted by Mr.Chatterjee, learned Sr.Advocate, that if protective orders are not passed, the defendant will transfer the balance available in their bank account mentioned in prayer (a) of the Notice of Motion. It is also submitted that the defendant company is a trader and that their bank accounts are altered frequently. The cause of action of the plaintiff is that between November, 2008 and February 2009 they sold diveRs.quantities of iron fines to the defendant and deposited a sum of Rs.4,77,85,200/- with them. The defendant could only supply a total quantity of 8713.36 metric tonnes amou...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-28-2012
CP No.87 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : REFORM FERRO CAST PRIVATE LIMITED -ANDVIKASH KUMAR JAIN Appearance: Ms.Manju Bhuteria, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 28, 2012. The Court : The company is not represented even at the second call. No affidavit-in-opposition appears to have been filed by the company though a copy of the proposed affidavit has been made over to the petitioner. The claim of the petitioner is on account of balance price of goods sold and delivered. A statutory notice was issued on August 23, 2011 demanding a principal sum of Rs.5,13,883/- and interest thereon at 24% per annum. The company replied to such notice by Advocates letter of September 12, 2011 claiming that the goods supplied by the petitioner were of substandard quality and that contemporaneous complaints had apparently been made by the company to the petitioner. The reply of September 12, 2011, h...
Tag this Judgment!Biswanath Paul Vs. the West Bengal Agro Industries Corporation Ltd. an ...
Court: Kolkata
Decided on: Jun-28-2012
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Dipankar Datta G.A. 831 of 2012 in W.P. 1 of 2011 Biswanath Paul Versus The West Bengal Agro Industries Corporation Ltd. & Ors. For the petitioner : Mr. Amitava Ghosh, Advocate Mr. Navojit Mukherjee, Advocate Mr. Nirupam Sarkar, Advocate For the respondent nos. 1 to 3 : Mr. Joydeep Kar, Advocate Mrs. Sarmila Das, Advocate For the respondent No.4 : Mr. Saktinath Mukherjee, Advocate Mr. Ayan Banerjee, Advocate Mr. Anirban Das, Advocate Heard on : June 25, 2012 Judgment on : June 281. West Bengal Agro Industries Corporation Ltd. (hereafter the Corporation) issued Tender Notice No.23 of 2010-11 on September 9, 2010 for supply of various articles, viz. Set-I to Set-VI, Quadruped Sets, Tripod Sets, Column Pipes, Supporting Clamps, Bends, Flanged E.R.W. Pipes & Flanges (hereafter the said articles). The tenderers were called upon to submit various documents with the tender papers, failing...
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