Kolkata Court August 2012 Judgments
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Vs. the Kolkata Municipal Corporation and ors.Re
Court: Kolkata
Decided on: Aug-06-2012
ORDER SHEET WP No.519 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DEBADI CHARAN RAKSHIT & ORS.Petitioners Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Respondents BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date :6. h August, 2012. Appearance : Mr.Anirban Roy Advocate. Mr.Anil Dhar, Advocate. . For the petitoner Mr.Barin Banerjee, Advocate. MRS.Sima Chakraborty, Advocate. for the KMC. Mr.Debasish Roy, Advocate. Mr.Goutam Das, Advocate. for respdt. Nos.4 to 7 The Court :The petitioner has challenged the impugned decisions dated 30th October, 2006 and 29th November, 2006, being Annexures P-3. and P-4. to the writ petition prayer for amalgamation of the premises wherein was not allowed. their The petitioner claims to be the owner of the Premises Nos.22 and 22/1B, Jawaharlal Nehru Road, Kolkata ( hereinafter referred to as the said premises ).The petitioner made a prayer for amalgamation of authorities. the Such said prayer premises was turned b...
MartIn Burn Ltd. and ors. Vs. the Official Liquidator and anr.
Court: Kolkata
Decided on: Aug-06-2012
ORDER SHEET SHEET NO.1 CA No.342 of 1998 With CP No.90 of 1983 CA No.431 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE IN THE MATTER OF:MARTIN BURN LTD.& ORS.Versus THE OFFICIAL LIQUIDATOR & ANR. BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :6. h August, 2012. Appearance:Mr.N.S.Hoon appears in person. Mr.D.Dutta, Advocate with Ms.M.Sen,Advocate. The Court:-Heard Mr.Hoon and learned Counsel appearing for the Official Liquidator. For a period of one month let no further payment be made from the funds of the company in liquidation by the Official Liquidator without leave of this Court. Any further transaction by the Official Liquidator concerning the assets of the company also shall not be done without leave of this Court. I am passing this order considering the fact that doubt has been expressed as regards validity of the orders passed concerning the company in liquidation subsequent to 16th September, 1983 in the order of an Honble Single Judge of this Court on 7th May, 2010. T...
Abhay Gandhi Vs. Digvijay Investment Ltd. and ors.
Court: Kolkata
Decided on: Aug-06-2012
ORDER SHEET APO NO.153 OF 201.CP NO.289 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ABHAY GANDHI Versus DIGVIJAY INVESTMENT LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE AND The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :6. h August, 2012. Mr.Ahin Chowdhury, Sr.Adv., Mr.Swatarup Banerjee, Adv., Mr.Rajesh Upadhyay, Adv., for the appellant. Mr.S.B.Mookherjee, Sr.Adv., Mr.S.N.Mookherjee, Sr.Adv., Mr.D.N.Sharma, Adv., Ms.Manju Bhuteria, Adv., Mr.B.M. Sharma, Adv., Mr.G.Khaitan, Adv., Ms.Atasi Sarkar, Adv., for the respondent. Mrs.Nilanjana Banerjee (Pal).Adv., for the Union of India. The Court : This appeal would arise out of an order sanctioning the scheme of arrangement between the respondent companies inter se. The appellant is one of the shareholders in the transferor company being the respondent no.1, Digvijay Investment Limited. Under the scheme there would be inflow of Rs.270 crores in addition to receipt of Rs.11 crores approximately...
Chilimek Engineering Pvt Ltd Vs. Jai Balaji Industries Limited
Court: Kolkata
Decided on: Aug-06-2012
1 ORDER SHEET APO No.66 of 2012 CP No.330 of 2008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE CHILIMEK ENGINEERING PVT LTD Versus JAI BALAJ.INDUSTRIES LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :6. h August, 2012. Appearance: Mr.D.N. Sharma, Advocate For the appellant. Mr.Abhrajit Mitra, Advocate with Ms.Manju Bhuteria and Ms.R.Kajaria, Advocates For the respondent. The Court :- This appeal would arise out of an order of refusal to admit the winding up petition. learned Initially, Judge the admitted Company the did winding not up appear and petition the for Rs.16,84,156/-, vide order dated March 29, 2010. Subsequently, the said order was recalled and the matter was directed to be heard afresh upon affidavits. Accordingly, the matter was heard. The learned Judge vide judgment and order dated January 3, 2012 appearing at pages 216-218 of the paper book declined to admit the winding up petition. The petitioning c...
Sunbeam Tower Pvt. Limited and anr. Vs. Jawala Steel Limited
Court: Kolkata
Decided on: Aug-06-2012
GA 110.OF 201.CS 23.OF 201.ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUNBEAM TOWER PVT.LIMITED & ANR. Versus JAWALA STEEL LIMITED BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :6. h August, 2012. Mr.S.Mukherjee, Adv.appeaRs.Mr.S.Chakraborty, Adv.appeaRs.The Court : This is an interim application in aid of the above suit, inter alia, claiming eviction of the defendant. The plaintiffs claim that the defendant was their licensee of Flat 3 on the 6th floor of premises no.8, Camac Street, Kolkata-700007, which licence stands terminated. The area is 1744 sq.ft. The licence was granted on 1st October 2010. The licence to occupy the flat was granted by the fiRs.plaintiff whereas the second plaintiff let out furniture and fixtures to defendant which are described at page 33 of the petition being part of Annexure C.The licence was terminated by a letter of the plaintiffs Advocate on Record dated 11th June 2011. It is alleged that the defendant may...
industrial Investment (i) Ltd. Vs. the Reserve Bank of India
Court: Kolkata
Decided on: Aug-06-2012
ORDER SHEET APO NO.292 OF 200.CP NO.384 OF 200.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.JANAPRIYA FINANCE & INDUSTRIAL INVESTMENT (I) LTD.Versus THE RESERVE BANK OF INDIA BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE AND The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :6. h August, 2012. Mr.Amitesh Banerjee, Adv., Mr.P.Saraogi, Adv., for the appellant. Mr.Utpal Bose, Adv., Mr.Siddhartha Chatterjee, Adv., for the respondent. The Court : M/s.Janapriya Finance & Industrial Investment India Private Limited, the appellant, was wound up by the learned Company Judge on the application of the Reserve Bank of India under Section 45MC of the Reserve Bank of India Act. Hence, this appeal by the appellant company. Mr.Amitesh Banerjee, learned Counsel appearing for the appellant company, submits that the learned single Judge wound up the company on the prayer of the Reserve Bank of India as there had been outstanding to the small depositORS.However, after the or...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-06-2012
1 ORDER SHEET W.P.No.631 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side -DEEPAK KHEMKA & OTHERS .Petitioners Versus PHOENIX ARC PVT.LTD.& ORS.Respondents BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date :6. h August, 2012. Mr.Joy Saha, Advocate, Mr.R.C.Prusti, Advocate, Mr.P.Deb, Advocate, Mr.J.N.Manna, Advocate and Mr.D.Banik, Advocate for the PetitioneRs.Mr.Hirak Kumar Mitra, Sr.Advocate, Ms.Sanjukta Ray, Advocate, Mr.Abhik Das, Advocate for Respondent Nos.1 and 2 Ms.Usha Doshi, Advocate for Respondent No.3 The Court : Notice dated 1st June, 2012 issued by the respondent no.2 in exercise of power conferred by Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is under challenge in this writ petition dated 26th July, 2012, filed in the department on 30th July, 2012. Mr.Saha, learned counsel appearing for the petitioners has raised various points in support of his contention that...
Rajat Bose Vs. Shoma Patronobis @chowdhury @chatterjee @
Court: Kolkata
Decided on: Aug-06-2012
GA No.1996 of 2012 WITH CS 6.of 2003 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE RAJAT BOSE VERSUS SHOMA PATRONOBIS @CHOWDHURY @CHATTERJEE @ BANERJEE BEFORE : THE HONBLE JUSTICE MAHARAJ SINHA DATE :6. AUGUST 2012 For the applicant : Mr.Jishnu Chowdhury,advocate Mr.D.Roy Basu,advocate Mr.Sailendra Trivedi,advocate For the respondent : Mr.Subhojit Saha,advocate THE COURT :- This is an application for recalling of an order of dismissal of a suit dated 19 April 2011 on the ground of nonappearance. From the order of dismissal it appears that the suit was dismissed on 9 April 2011 as none on behalf of the plaintiff and none on behalf of the defendant appeared at the time of dismissal. After hearing the submissions of Mr.Jishnu Chowdhry, learned Counsel appearing on behalf of the plaintiff and in support of this application and considering the merits thereof, I think the plaintiff has explained sufficient reasons as to why none was present on behalf of the defendant at the time when the suit...
Vs. Cesc Ltd. and ors.
Court: Kolkata
Decided on: Aug-06-2012
ORDER SHEET W.P.No.1150 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE NASIMUL HUDA SHAMSHI Petitioner Versus CESC LTD.& ORS.Respondents BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :6. h August, 2012. For Petitioner : Mr.Sk.R.Islam, Advocate For Respondents: Mr.Subir Sanyal, Mr.Ashok Jena, Advocates The Court : The petitioner in this writ petition under art.226 dated November 13, 2009 is questioning an order of final assessment dated October 7, 2009, passed by an assessing officer of CESC under s.126 of the Electricity Act, 2003. The order reveals that it was passed ex parte. The assessing officer recorded that in spite of intimation through the order of provisional assessment, the consumer chose representation or appear for personal hearing. not to submit any In paras.10 and 13 and also in ground VI of the writ petition, the petitioner has made out a case that no order of provisional assessment was served on him, and that the impugned or...
State Bank of India Vs. the Official Liquidator
Court: Kolkata
Decided on: Aug-03-2012
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CA No.1126 of 2011 BIFR No.510 of 1992 IN THE MATTER OF : MINING & ALLIED MACHINERY CORP. LTD.(LIQN) AND STATE BANK OF INDIA VERSUS THE OFFICIAL LIQUIDATOR AND CA No.115 of 2012 BIFR No.510 of 1992 IN THE MATTER OF : MINING & ALLIED MACHINERY CORP. LTD.(LIQN) AND UNITED BANK OF INDIA VERSUS THE OFFICIAL LIQUIDATOR AND CA No.426 of 2012 BIFR No.510 of 1992 CA No.1126 of 2011 CA No.115 of 2012 IN THE MATTER OF : MINING & ALLIED MACHINERY CORP. LTD.(LIQN) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :3. d August, 2012. Appearance: Mr.K.Anand Rao, Adv..Official Liquidator Mr.Aniruddha Roy, Adv.Mr.Samit Sanyal, Adv..For S.B.I.Mr.Amiya Sur, Adv..For U.B.I Mr.J.N. Manna, Adv..For workers Mr.R.N. Majumdar, Adv.Mr.Sourav Chakraborty, Adv..For ex-employees & contract labourers Mr.Susanta Pal, Adv..For workers The Court : A report has been filed by the official liquidator today. The report is dated July 31, 2012. The report revises the previ...
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