Kolkata Court July 2012 Judgments
Srei Infrastructure Finance Ltd. Vs. Fitch Ratings India Pvt. Ltd.
Court: Kolkata
Decided on: Jul-26-2012
GA 163.OF 201.GA 183.OF 201.CS 11.OF 201.ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI INFRASTRUCTURE FINANCE LTD.Versus FITCH RATINGS INDIA PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :26. h July, 2012. Mr.Hirak Kumar Mitra, Sr.Adv.with Mr.Rupak Ghosh, Adv.appeaRs.Mr.Jayanta Kumar Mitra, Sr.Adv.appeaRs.Mr.Jishnu Saha, Adv.appeaRs.The Court : This is an application by the Securities & Exchange Board of India (SEBI).They want to be added as a party in this suit. They want discharge of the interim order dated 22nd March 2012. The plaintiff is a non-banking financial institution. They moved an interlocutory application (TA No.36 of 2012 not renumbered as GA No.1639 of 2012) on a simple but serious ground. Their credit rating was proposed to be downgraded by the defendant. The action, according to them, was wrongful. The Securities & Exchange Board of India Act, 1992 contemplates credit rating. Now, these financial institutions, i...
Tag this Judgment!Ranjit Kumar Roy Vs. Smt. Sandhya Mandal @ Sandhya Rani Mandal
Court: Kolkata
Decided on: Jul-26-2012
GA No.807 of 2012 PLA No.211 of 2006 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE In the goods of: Dr. Sr.Pulin Behari Mondal (Deceased) And Ranjit Kumar Roy Versus Smt. Sandhya Mandal @ Sandhya Rani Mandal Before: The Honble Justice I.P.MUKERJ.Date:26. h July 2012 Appearance: Mr.Amidava Das, Advocate Md.Ibrahim, Advocate Mr.Somraj dhar, Advocate Mr.Bipin Ghosh, Advocate for the petitioner Mr.Debasish Purkait, Advocate Mr.Anirban Pramanik, Advocate Ms.Rita Sinha, Advocate for the respondent The application for grant of probate (PLA No.211 of 2006) was filed inter alia on the footing that the testator has three natural heiRs.namely, one brother Bijon Kumar Mondal and two sisters Smt. Kusum Halder and Smt. Sabita Sardar. It appears that Smt. Sabita Sardar had filed an affidavit in support of her caveat. From this affidavit it becomes evident that the testator had two other sisters Smt. Susma Mondala and Smt. Gitarani Mondal. These two sisters were not...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-26-2012
ORDER SHEET G.A.No.796 of 2012 A.P.No.448 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction HINDUJ.LEYLAND FINANCE LIMITED .Petitioner Versus RONIT NIRMAN PVT.LTD.& ANR.Respondents BEFORE: The Hon'ble JUSTICE PATHERYA Date :26. h July, 2012. Mr.Mainak Bose, Advocate, Mr.Arif Ali, Advocate and Mr.P.Srivastava, Advocate for the Petitioner. Ms.Esha Banerjee, Advocate/Special Officer The Court : Report filed by the Receiver be kept on record along with the minutes of the meeting held on 24th July, 2012. As the earlier biddeRs.Mr.Saroj Kumar Jaiswal and Mr.Vikram Agarwal are no longer interested in pursuing their respective offer, liberty was given by order dated 5th July, 2012 to the petitioner to identify a buyer by private treaty. At the meeting held on 24th July, 2012, the petitioner has identified a purchaser for Rs.12,00,000/-. Accordingly, as there is no better offer received than that of Vikash Agarwal, let sale of the subject asset in question be effected i...
Tag this Judgment!Keventer Agro Ltd. Vs. Wimco Ltd.
Court: Kolkata
Decided on: Jul-26-2012
GA No.1995 OF 201.CS No.125 OF 199.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KEVENTER AGRO LTD.Versus WIMCO LTD.BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date :26. h July, 2012. Mr.K.Behani, Advocate Ms.Swati Agarwal, Advocate for plaintiff Mr.R.C.Banerjee, Advocate for defendant Dictated Order The Court :- This is an application praying for recalling/setting aside the order dated 21.6.2012 passed by this Court in CS 12.of 1999. Learned Counsel appearing for the petitioner submits that on the date of hearing the learned counsel who was entrusted with the matter was out of station on her family ground and that is why she was not before the Court. The matter was taken up by this Court and ultimately dismissed. The dismissal order may be set aside and the matter may be restored. Mr.Banerjee appearing for the respondent/defendant submits that the matter was appearing in the list days together. It was in the list for the fiRs.time on 20.6.2012 when no...
Tag this Judgment!Nirmal Mocrline and ors. Vs. Tanmoy Chakroborty and anr.
Court: Kolkata
Decided on: Jul-26-2012
IC No.1 of 2011 IN THE HIGH COURT AT CALCUTTA Insolvency Jurisdiction ORIGINAL SIDE NIRMAL MOCRLINE & ORS.Versus TANMOY CHAKROBORTY & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :26. h July, 2012. Appearance: Mr.M.S. Tiwari, Adv.The Court : The petitioning creditors claim to have advanced money to the fiRs.respondent firm of which the second and third respondents were the partners at the relevant point of time. The petitioners have furnished details of the payments made by cheque between September 5, 2006 and September 1, 2009. It is evident that a sum of Rs.10.5 lakh by way of principal remains due. The creditors have claimed interest at the agreed rate of 18 per cent per annum. The creditors have also detailed the acts of insolvency and allege that the business of the debtor firm has been stopped and the second and third debtors have removed themselves or are attempting to shy away from the creditORS.It is also evident from the documents relied upon by the petitioners that ...
Tag this Judgment!Arunangshu Chakraborty Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-26-2012
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Sengupta And The Honble Justice Asim Kumar Mondal 26.07.2012 WP 99.of 2011 With WP 100.of 2011 Arunangshu Chakraborty versus State of West Bengal & ORS.WP 100.of 1011 Dipak Das versus State of West Bengal & ORS.The Court :- In terms of our earlier order dated 19th July, 2012 the basic rule, under which the Accredition Cards have been issued, has been produced before us. The list of the persons to whom cards have been issued, has also been produced before us. Of course, this has not been done by way of affidavit. Affidavit has to be filed enclosing the list. We feel that there is a strong debatable issue in this matter whether the rule framed is constitutionally valid or not. Naturally the amending rule will also have to be examined in that light. There are large number of Legislation relating to the Press Journalists have been produced before us and those are enacted by Central Leg...
Tag this Judgment!Srei Equipment Finance Pvt. Ltd. Vs. Mr. Bhavneet Singh Bindra and anr ...
Court: Kolkata
Decided on: Jul-26-2012
AP No.12 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus Mr.BHAVNEET SINGH BINDRA & ANR. Appearance Mr.Ratnanko Banerjee, Advocate Mr.Satarup Banerjee, Advocate Ms.Rakhi Shroff, Advocate BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :26. h July, 2012. The Court : The progress in the arbitral reference appears to have been stalled on account of the respondents refusal to clear the fees of the arbitrator. The respondents have also not agreed to the petitioners offer to have some other person appointed as arbitrator in place of the named arbitrator. The agreement between the parties envisaged payment of about Rs.2.73 lakh per month spread over 35 months. The tenure of the agreement has long run out in December, 2007. The asset that forms the subject-matter of the agreement between the parties is admittedly in the possession of the respondents and previous orders of Court for the receiver to take possession o...
Tag this Judgment!Baron Impex Limited Vs. Floreat Power Project Limited
Court: Kolkata
Decided on: Jul-26-2012
ORDER SHEET APOT No.228 of 2012 ACO No.93 of 2012 With CP No.677 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction BARON IMPEX LIMITED Versus FLOREAT POWER PROJECT LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE AND The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :26. h July, 2012. Mr.Ranjan Deb, Sr.Advocate, Mr.V.N. Dwivedi for the appellant. Mr.Susanta Dutta for the respondent. The Court : A winding up petition was initially filed based upon a money claim. The learned Single Judge directed the company to deposit a sum of Rs.3 lakhs and relegated the parties to suit. Accordingly, the respondent filed a suit that was decreed ex parte although as they the company filed ultimately written did statement. not The contest second the same winding up petition was filed based on the decretal claim. The learned Judge once again asked the company to secure the claim as the company wanted stay of the winding up proceedings on the ground that their application for recall of the decree ...
Tag this Judgment!Dwarka Prasad Khemka Vs. Savitri Debi Khemka
Court: Kolkata
Decided on: Jul-26-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CS 44.OF 199.DWARKA PRASAD KHEMKA Versus SAVITRI DEBI KHEMKA BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date :26. h July, 2012. Ms.Pritikana Gantait, Advocate ..for plaintiff Mr.Dipak Kumar Mukherjee, Advocate for Receiver Mr.Tapan Kr. Banerjee, Advocate for L.N.Bhattar Mr.Pramit Kumar Ray, Advocate ..for defendants 1 to 8 and 10 to 12. The Court :- At the very outset Mr.Dipak Kumar Mukherjee, learned Advocate appearing for the Receiver submits that tenant Mr.L.N.Bhattar has paid the due amount. He furnishes a receipt to that effect. Mr.Tapan Kumar Banerjee, learned Advocate appearing for the tenant submits that the premises in question needs some repair. Necessary direction may be given for such repairing. On perusal of the last order it appears that plaintiff was directed to take necessary step so that necessary note may be given in the plaint showing amendment. Mr.Pramit Kumar Ray, learned A...
Tag this Judgment!Jiten Raichand Shah and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-26-2012
ORDER SHEET WP No.560 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JITEN RAICHAND SHAH & ANR. Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:26. h July, 2012 Mr.Samit Talukdar, Sr.Adv.with Mr.Suman Dutta, Adv.Mr.A.Sharoff, Adv.Mr.S.Karmakar, Adv..for the petitioners Mr.Pratik Prakash Banerjee, Adv.with Mr.S.Roychowdhury, Adv..for the respondents The petitioners entered into an agreement for sale dated 13th May, 2010 with Star Industrial Development Company Private Limited (hereinafter referred to as Star.) whereby the former agreed to purchase unit no.4B on the 4th floor of the building Aarth. at 95B, Mother Teresa Sarani, Kolkata ...
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