Kolkata Court July 2012 Judgments
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Rajiv Tandon and Others Vs. Dena Bank and Another
Court: Kolkata
Decided on: Jul-23-2012
Ashim Kumar Banerjee, J. Facts of this case, if brought within a short campus, would depict, M/s. Kamalapur Sugar and Industries Limited, a company incorporated under the provisions of Companies Act, 1956 was a debtor in respect of a secured claim of a Nationalised Financial Institution being Dena Bank to the extent of Rs.17.03 crores approximately apart from interest at the rate of 15.5 % per annum at quarterly rest with effect from September 30, 2004. The Bank initially approached the Debt Recovery Tribunal and ultimately obtained a certificate to the above extent. The company preferred an appeal, however did not proceed with the same and the Appellate Tribunal dismissed the same on December 15, 2008 as we notice at page 33 of the paper book. The Company then filed writ petitions before the Madhya Pradesh High Court where the immovable assets were lying, inter alia, praying for an order of restraint against the Bank from enforcing the recovery. The Division Bench of Madhya Pradesh Hi...
Rajiv Tandon and ors. Vs. Dena Bank and anr.
Court: Kolkata
Decided on: Jul-23-2012
Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Shukla Kabir Sinha A.P.O.No.211 of 2011 C.P.No.241 of 2009 Rajiv Tandon & ORS.-VSDena Bank & Anr. AND A.P.O.No.213 of 2011 C.P.No.242 of 2009 Mr.Ashok Kr. Goenka & ORS.-VSDena Bank & Anr. For the Appellants : Mr.Abhrajit Mitra (Advocate) Mr.Jishnu Choudhury, (Advocate) Mr.Chayan Gupta, (Advocate) Ms.Debasree Saha, (Advocate) For the Respondents : Mr.P.C.Sen, (Senior Advocate) Mr.D.N.Chowdhury, (Advocate) Mr.Sandeep Kr. Dutta, (Advocate) Heard on : June 25, 2012, July 6, 2012, July 10, 2012, July 13, 2012 and July 16, 2012 Judgment on : July 23, 2012 ASHIM KUMAR BANERJEE.J.Facts of this case, if brought within a short campus, would depict, M/S.Kamalapur Sugar & Industries Limited, a company incorporated under the provisions of Companies Act, 1956 was a debtor in respect of a secured claim of a Nationalised Financial Instit...
indra Kumar Das and Another Vs. Sailendra Kumar Das
Court: Kolkata
Decided on: Jul-23-2012
GA No.1336 of 2012 CS No.1760 of 1964 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Indra Kumar Das & Another Versus Sailendra Kumar Das Before: The Honble Justice I.P.MUKERJ.Date:23. d July 2012 Appearance: Mr.Sakya Sen, Advocate Mr.Indranil Nandi, Advocate Mr.S.K. Mallick, Advocate Mr.Abhijeet Ganguly, Advocate Ms.Pratima Mishra, Advocate My attention is drawn to the order dated 15th June 2009 of Patherya, J. The Court directed the Official Receiver to furnish the accounts to the shebaits and transfer all funds in his hands in favour of the deity. Learned Counsel for the Official Receiver is unable to apprise the Court as to the exact funds in his hands. As we all knot the deity is a perpetual minot and all deeds and acts on his behalf are done by the shebaits. So according to this order, the funds have to be transferred to the shebaits. As it appears from the submissions, all the original parties have died. There is a dispute regarding inheritance ...
M/S. P.M. Enterprise(Cal) Pvt. Ltd. Vs. Employees’ State Insurance C ...
Court: Kolkata
Decided on: Jul-23-2012
ORDER SHEET SHEET NO.1 W.P.No.456 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF: M/S.P.M.ENTERPRISE(CAL) PVT.LTD.Versus EMPLOYEES STATE INSURANCE CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :23. d July, 2012. For Petitioner :Mr.S.Majumdar, Advocate, Mr.Subir Kr. Ghosh, Advocate with ..for the petitioner. For Respondent Nos.1, 2, 3 & 4 :Mr.T.K.Chatterjee, Advocate. The Court:-This writ petition is being taken up for hearing at this stage only without calling for any affidavit on consent of the learned Counsel appearing for the petitioner and the Employees State Insurance Corporation. Under challenge in this proceeding is an order passed under Section 45A of the Employees State Insurance Act, 1948 on 15th February, 2012 computing the dues of the petitioner under the said Act. The ground on which the aforesaid order is challenged is that the petitioner did not have adequate notice of hearing, which was held on 2...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-23-2012
CA No.782 of 2011 BIFR No.221 of 1987 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: SREE DURGA COTTON SPINING & WEAVING MILLS LTD.(IN LQN.).ORS.AND THE O/L HIGH COURT ,CALCUTTA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :23. d July, 2012. Appearance: Mr.Uptal Bose, Adv.Mr.M.Ghosh, Adv.Mr.A.K. Dhandhania, Adv.Mr.A.K. Sur, Adv.The Court : Affidavit-in-opposition be filed within a week from date; reply thereto, if any, may be filed within a week thereafter. CA No.782 of 2011 will appear as an Adjourned Company Matter. in the monthly list of August, 2012. The official liquidator has filed a report from which it appears that a sum in excess of Rs.1.57 crore has been paid in excess of the amount payable to United Bank of India. The bank says that such amount was reflected in a previous report filed by the official liquidator whereupon an order of March 3, 2011 was made requiring further disbursements to be made to the creditors without insisting on the refund sa...
M/S. New Hindusthan Mercantile Co. Vs. Uco Bank
Court: Kolkata
Decided on: Jul-20-2012
Prasenjit Mandal, J. This application is at the instance of the appellant and is directed against the Order dated April 28, 2010 passed by the learned Judge, City Civil Court, 7th Bench, Calcutta in Misc. Appeal No.17 of 2004 arising out of the Order dated July 29, 2004 passed by the Estate Officer, UCO Bank in Case No.12 of 2002. One, Duli Chand Nawar and Brothers were the owners of the premises No.2, India Exchange Place, Calcutta-700001 and the respondent-bank / opposite party herein purchased the said property. The appellant / petitioner herein was then in possession of the room no.4 situated on the first floor of the said premises. Thereafter, the Estate Officer issued a notice under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 upon the appellant / petitioner herein and then the eviction proceeding was started against the appellant / petitioner herein under the said Act. The parties led evidence to the said eviction proceeding and thereafter, the...
Biplab Naha Vs. the Registrar of Companies, West Bengal.
Court: Kolkata
Decided on: Jul-18-2012
CP No.189 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION SHREE KRISHNA APARTMENT PVT.LTD.AND BIPLAB NAHA VERSUS THE REGISTRAR OF COMPANIES, WEST BENGAL. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :18. h July, 2012. Appearance: Mr.Ratnanko Banerji, Adv.Ms.Rakhi Shroff, Adv.Mr.Hironlal Majumder, Adv.The Court : The Registrar of Companies has filed a statement indicating the late filing fees and penalty that the company would have been liable to pay if the statutory records that have not been filed in time are to be filed now. The statement shows that a total amount of Rs.87,000/- would be due. The petition is by one of the erstwhile directors of the company whose name has been struck off. The petitioner says that the only meaningful asset of the company is an immovable property. Disputes had arisen between the shareholders following which civil proceedings were instituted and they still remain pending. The petitioner says that it was in couRs.of one of the cases that t...
A.K.Enterprise Vs. Purba Medinipur Zilla Parishad and ors.
Court: Kolkata
Decided on: Jul-18-2012
AP No.475 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.K.ENTERPRISE Versus PURBA MEDINIPUR ZILLA PARISHAD & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :18. h July, 2012. Appearance: Ms.Aparna Banerjee, Adv.Mr.P.Sinha, Adv.The Court : This is a request under Section 11 of the Arbitration and Conciliation Act, 1996. The petitioner relies on Clause 24 of the tender documents relating to the work. The last sentence of the relevant clause provides as follows, This clause shall not be applicable for contracts upto rupees fifty lakh only. It is not in dispute that the value of the contract was to the tune of Rs.47 lakh and, in any event, below Rs.50 lakh. The petitioner suggests that the relevant arbitration clause has been clarified in other cases and the petitioner relies on a sample clause, a copy whereof has been appended to the reply. The relevant sentence in such other contract, as rightly suggested by the petitioner, clarifies tha...
Punjab National Bank Vs. Jyotirmay Roy
Court: Kolkata
Decided on: Jul-18-2012
ORDER SHEET GA No.1825 of 2012 APOT No.340 of 2012 WP No.1562 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PUNJAB NATIONAL BANK Versus JYOTIRMAY ROY BEFORE: The Hon'ble JUSTICE PRATAP KUMAR RAY The Hon'ble JUSTICE SUBAL BAIDYA Date :18. h July, 2012. Mr.Bikash Ranjan Bhattacharya, Sr.Adv.Mr.Soumya Majumder, Adv.for the Appellant Mr.Anjan Bhattacharya, Adv.for the respondent The Court : Affidavit of service filed in Court be kept on record. Heard the learned Advocates appearing for the parties. Assailing the judgment and order dated 3rd April, 2012 passed by the learned Trial Judge in W.P.No.1562 of 2010, an appeal has been preferred. This application has been moved seeking stay of the impugned judgment under appeal. The writ petitioner suffered compulsory retirement in the nature of punishment in the departmental proceeding and the resultant effect of such was the action of the appellant refusing to gratuity and leave salary benefit. This was under c...
S.K. Parua and Brothers and anr Vs. Harsha Gopal Musib and anr
Court: Kolkata
Decided on: Jul-18-2012
1 ORDER SHEET CC No.108 of 2011 APO No.289 of 2009 WP No.3 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE S.K.PARUA & BROTHERS & ANR Versus HARSHA GOPAL MUSIB & ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :18. h July, 2012. Appearance: Mr.Kalyan Bandopadhyay, Sr.Advocate With Ms.N.Pal and Mr.R.Dhara, Advocates For the applicant. Mr.S.Mal with Mr.B.Das, Advocates For BPCL. Mr.Talukdar and Mr.Paritosh Sinha, Advocates For the State of West Bengal. The Court :- This is an application for contempt as against the judgment and order passed by the Division Bench in which one of us (Shukla Kabir [Sinha].,J.was the party. The appellant also made an application for modification of the order violation of which has been complained of. Let modification application be treated as on the days list. Both the applications be heard analogously. The respondent would be at liberty to file affidavits-in- opposition from to date. th...
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