Kolkata Court September 2012 Judgments
United Bank of India Vs. the Official Liquidator,high Court,calcutta a ...
Court: Kolkata
Decided on: Sep-26-2012
ORDER SHEET APO No.337 of 2012 with BIFR No.221 of 1987 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction IN THE MATTER OF : SREE DURGA SPINNING & WEAVING MILLS LTD.(IN LIQN.) AND IN THE MATTER OF: UNITED BANK OF INDIA Versus THE OFFICIAL LIQUIDATOR,HIGH COURT,CALCUTTA & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :26. h September, 2012. Mr.Ashok Kr.Dhandhania, Mr.Amiya Kr. Sur for the appellant. Mr.Utpal Bose for C.E.S.C.Limited Mr.Mukti Chandra Ghosh, Ms.Mithua Sen for Official Liquidator. Mr.Subhasis Chakraborty, Mr.Srijib Chakraborty for workeRs.The Court : This appeal would arise out of a judgment and order passed by the learned Company Judge in administrative capacity on March 14, 2011. The Official Liquidator submitted report with regard to disbursement of the claims to the secured and unsecured creditor. While doing so he overpaid a sum of Rs.157680244/- to the United Bank of India. United Bank declined to refund the said sum...
Tag this Judgment!Air India Ltd. Vs. P and N Associates and ors.
Court: Kolkata
Decided on: Sep-26-2012
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.203 of 2012 AIR INDIA LTD.-VersusP & N ASSOCIATES & ORS.AP No.204 of 2012 AIR INDIA LTD.-VersusP & N ASSOCIATES & ORS.AP No.259 of 2012 AIR INDIA LTD.-VersusP & N ASSOCIATES & ORS.AP No.260 of 2012 AIR INDIA LTD.-VersusP & N ASSOCIATES & ORS.Appearance: Mr.R.N.Majumdar, Adv...for the petitioner. Mr.Amitava Ghosh, Adv.Mr.Bijon Majumdar, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 26, 2012. The Court : The facts pertaining to these four matters are, according to the parties, similar and the legal issues that arise in the present proceedings under Sections 30 and 33 of the Arbitration Act, 1940 are identical. The parties say that since the four references were heard analogously and awards were passed in all the matters on November 30, 2011, there is a common thread running through the four matters and a decision on one would apply to the otheRs.save to the ext...
Tag this Judgment!M/S. Dunlop India Ltd. Vs. M/S. E.V. Mathai and Sons.
Court: Kolkata
Decided on: Sep-26-2012
IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CP No.233 OF 200.CA No.198 of 2012 M/S.DUNLOP INDIA LTD.-VersusM/S.E.V.MATHAI & SONS. CP No.295 OF 200.M/S.DUNLOP INDIA LTD.-AndAMIYA KUMAR KUNDU & Co.(A 552.& ANR. CP No.305 of 2008 M/S.DUNLOP INDIA LIMITED -ANDM/S.GREEN VALLEY SPECIFIED RUBBER (P) LTD.CP No.437 of 2008 CA No.410 of 2009 DUNLOP INDIA LTD.-ANDINDUSTRIAL (INDIA) ENTERPRISES CP No.13 of 2009 CA No.28 of 2011 M/S.DUNLOP INDIA LIMITED -ANDM/S.MADURA COATS LIMITED CP No.278 of 2009 CA No.111 of 2011 M/S.DUNLOP INDIA LTD.-ANDKOTAYAM RUBBER COMPANY CP No.279 of 2009 CA No.114 of 2011 M/S.DUNLOP INDIA LTD.-ANDJACo.THOMAS & COMPANY CA No.110 of 2011 CP No.308 OF 200.M/S.DUNLOP NDIA LIMITED -ANDM/S.MATHAI & SONS CP No.73 of 2010 M/S.DUNLOP INDIA LIMITED -ANDCENTURY TEXTILES AND INDUSTRIES LTD.CP No.159 of 2011 CA No.832 of 2011 CA No.852 of 2011 M/S.DUNLOP INDIA LTD.-ANDSBI GLOBAL FACTORS LTD.CP No.513 of 2011 M/S.DUNLOP INDIA LIMITED -ANDTHE INDIA TRADING COMPANY...
Tag this Judgment!Ripley and Co Limited and ors Vs. the Board of Trustees for the Port o ...
Court: Kolkata
Decided on: Sep-26-2012
ORDER SHEET G.A.No.2635 of 2012 APOT No.459 of 2012 AP No.699 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RIPLEY & CO LIMITED & ORS Versus THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA G.A.No.2641 of 2012 APOT No.461 of 2012 AP No.699 of 2012 LEE & MUIRHEAD PVT LTD VsBOARD OF TRUSTEES FOR THE PORT OF CALCUTTA BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :26. h September, 2012. Appearance: Mr.Ahin Chowdhury, Senior Advocate with Ms.H.Chakraborty and Mr.S.Roy, Advocates For the appellant in APOT No.459 of 2012. Mr.Tilak Bose, Senior Advocate with Mr.Tirthankar Das, Advocate for the appellant in APOT No.461 of 2012 Mr.Jayanta Mitra, Senior Advocate with Mr.Abhrajit Mitra and Mr.A.Jena, Advocates For the respondent no.1 Mr.Jishnu Saha, Advocate for respondent no.2 Mr.Joydeep Kar, Advocate for the workers of the appellants. The Court :- Hearing the two appeals we are little bit perplexed. Are we hearing any writ app...
Tag this Judgment!Anshika Forgings Pvt.Ltd and ors. Vs. Ashok Kumar Bihany and ors.
Court: Kolkata
Decided on: Sep-26-2012
ACO No.218 of 2012 APOT No.458 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ANSHIKA FORGINGS PVT.LTD & ORS.Versus ASHOK KUMAR BIHANY & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :26. h September, 2012. Appearance: Mr.D.Basak, Adv.Mr.Ratnanko Banerji, Adv.Mr.D.N. Sharma, Adv.Mr.Anubhav Sinha, Adv.The Court : The question of law that is raised in this appeal under Section 10F of the Companies Act, 1956 from an interim order passed by the Company Law Board in proceedings, inter alia, under Sections 397 and 398 of the Act, is as to whether the effective control of the subject company could be changed midstream, without the Company Law Board (CLB) returning any finding of gross irregularity against the person or persons admittedly in effective control of the company. However, it is not necessary to address the question or even look into the framing of the question since the parties have agreed to the form of the order to be passed. The parties h...
Tag this Judgment!Saregama India Limited and ors. Vs. Dishnet Wireless Limited and ors.
Court: Kolkata
Decided on: Sep-26-2012
GA No.1360 of 2012 GA No.1195 of 2012 GA No.660 of 2012 CS No.85 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Saregama India Limited & ORS.Versus Dishnet Wireless Limited & ORS.Before: The Honble Justice I.P.MUKERJ.Date:26. h September 2012 Appearance: Mr.Abhrajit Mitra, Advocate Mr.Jishnu Choudhury, Advocate Mr.Sarbapriya Mukherjee, Advocate Mr.Soumabho Ghose, Advocate for the petitioner Mr.Subhojit Roy, Advocate Mr.Soubhagya Sen, Advocate for defendant No.6 Mr.Ranjan Bachawat, Advocate Mr.Debnath Ghosh, Advocate Mr.Prithviraj Sinha, Advocate for defendant No.7 Mr.Bachawat for the seventh defendant is very anxious that the subsisting interim order is vacated. The substance of his argument is that the seventh defendant provides only a subsidiary gateway or pathway in India for access to the website in question. Secondly, the website hosts many other materials for viewing of the public. Asking his client to block access to the website is working injustice t...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-26-2012
ORDER SHEET ATA 6 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the goods of: RAI BHAGWAN DAS BAGLA BAHADUR'S MARWARI HINDU HOSPITAL & ORS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :26. h September, 2012. For Plaintiff/Petitioner :Mr.R.Ghoshal,Advocate Mr.P.Dhar,Advocate Mr.R.Medora,Advocate Mr.R.L.Mitra,Advocate For Defendant/Respondent : Mr.S.Bose,Advocate Ms.C.Ghosh,Advocate The Court : This is an application by the trustees of a religious and charitable trust. The trust runs a charitable Hospital, Rai Bhagwan Das Bagla Bahadurs Marwari Hindu Hospital. It is at premises nos.128 and 130 Harrison Road, Kolkata- 700007. The trustees say that part of the property has been encroached upon by trespasseRs.Furthermore, there is need to augment the fund of the trust. They can only do so by selling the hospital property, which is the only substantial property of the trust. On the application being moved, on 30th July, 2012 I had directed the tru...
Tag this Judgment!Ram Awadh Jaiswal Vs. Food Corporation of India and anr.
Court: Kolkata
Decided on: Sep-26-2012
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Sengupta And The Honble Justice Asim Kumar Mondal 26.09.2012 APOT 11 of 2011 GA 83.of 2011 GA 313.of 2011 CS 19.of 2010 Ram Awadh Jaiswal versus Food Corporation of India & Anr. The Court :- The parties have settled the matter and written instruction has been received by Mr.Som from his client viz., Food Corporation of India to this effect. We are happy to note that the respondent has agreed to give time to complete the job in terms of the agreement to the appellant. They intend that this should be done within one month from the date of the receipt of the copy of this order, whereas Mr.Bose appearing for the appellant submits that it would not be possible within the short time to remove the goods. He was seeking three months time. Having heard them we think that two months time is sufficient to remove the goods in terms of the agreement and we direct the appellant to remove the goods w...
Tag this Judgment!Union of India and Another Vs. S. Shree Durga Iron Stores
Court: Kolkata
Decided on: Sep-25-2012
Ashim Kumar Banerjee, J. The respondent, a scrap dealer, participated in a public auction held by the Railway. The respondent was successful. It was supposed to lift the scrap upon deposit of the bid price. According to the respondent, it deposited Rs.1.4 lakhs as and by way of earnest money. He was prepared to pay the balance simultaneously on lifting of the goods. The Railway, however, was not ready to deliver the goods. It expressed its inability vide letter dated July 11, 1995, appearing at page 88 wherein the concerned officer wrote to the respondent that he was busy in delivery in respect of the other consignment hence, the respondent should contact him after one month. Despite repeated letters, the Railway did not effect delivery that gave rise to a dispute that was ultimately referred to arbitration. The panelled arbitrator of the Railways being the deputy General Manager, published an award in favour of the respondent. The Railways challenged the said award before the learned ...
Tag this Judgment!Arpita Mondal @ Arpita Halder Vs. Calcutta University and ors.
Court: Kolkata
Decided on: Sep-25-2012
ORDER SHEET W.P.No.701 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF:ARPITA MONDAL @ ARPITA HALDER Versus CALCUTTA UNIVERSITY & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :25. h September, 2012. Appearance:Mr.Ashim Kumar Halder, Advocate..for the petitioner. Dr.Madhusudan Saha Roy, Advocate..for the respondent nos.1 & 2. [Calcutta University].The Court:-The petitioner has twofold grievances in these proceedings. The fiRs.grievance is that her result for scrutiny of 3rd Paper of B.A.Part-II English Honours Examination 2011 has not been published. Her second grievance is that the petitioner had made an application under the Right to Information Act for inspection of the answer scripts. In spite of such request being made, the answer scripts has not been disclosed. So concerned, far as learned the fiRs.Counsel for grievance the of Calcutta the petitioner University is submits that the mark Sheet of the petitioner has been se...
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