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Kolkata Court January 2013 Judgments

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Jan 28 2013

Webtech Industries Pvt Ltd and ors Vs. Excel Dealcomm Pvt Ltd and ors

Court: Kolkata

Decided on: Jan-28-2013

1 ORDER SHEET APO No.336 of 2012 C.S.No.299 of 2007 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE WEBTECH INDUSTRIES PVT LTD & ORS Versus EXCEL DEALCOMM PVT LTD & ORS BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :28. h January, 2013. Appearance: Mr.Bimal Chatterjee, Sr.Advocate Mr.Kuldeep Mullick, Advocate Mr.Abhrajit Mitra, Advocate Mr.Chayan Gupta, Advocate Mr.Abhijit Sarkar, Advocate Mr.Anupam Das Adhikari, Advocate Ms.Suruchi Agarwal, Advocate The Court : An order of injunction in a suit for specific performance was passed by the Trial Court. The defendant, it appeaRs.preferred an appeal. The Appellate Court by its judgment and order dated 21st December, 2012 allowed the appeal. Naturally, the order of injunction stood vacated. The Appellate Court, however, passed the following order granting stay till 31st January, 2013. Since the order of injunction was so long continuing, we grant stay of operation of this o...


Jan 28 2013

Srei Equipment Finance Pvt. Ltd. Vs. M/S. Anupam Singh Bhadouria and a ...

Court: Kolkata

Decided on: Jan-28-2013

AP AP AP AP No.532 No.533 No.534 No.535 of of of o2012. 2012 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus M/S.ANUPAM SINGH BHADOURIA & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :28. h January, 2013 Appearance: Mr.Satarup Banerjee, Adv.The Court : The respondents are not represented despite previous service and despite being represented in these and the connected matters earlier. The petitioner says that the respondents were also previously represented in the reference but do not appear to take any interest now. Substantial sums remain due from the respondents to the petitioner in respect of the several agreements that form the subject-matter of these petitions under Section 9 of the Arbitration and Conciliation Act, 1996. At one point of time it was contended by the respondents that this Court would have no jurisdiction to entertain the petitions, but upon such objection being overruled, the resp...


Jan 28 2013

M/S.Gyan Enterprises and anr. Vs. Coal India Ltd. and ors.

Court: Kolkata

Decided on: Jan-28-2013

ORDER SHEET SHEET NO.1 GA No.141 of 2013 WP No.1008 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF:M/S.GYAN ENTERPRISES & ANR. Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :28. h January, 2013. APPEARANCE:Mr.Samaraditya Pal, Senior Advocate, Mrs.Sukla Banerjee, Advocate with Mr.Pallav Banerjee, Advocate..for the Petitioner. Mr.Sakti Nath Mukherjee, Senior Advocate with Mr.Kalimuddin Mondal, Advocate..for the Respondents. The Court :-This application (GA No.141 of 2013) has been taken out in connection with the writ petition filed by the petitioners which has been registered as WP No.1008 of 2010. In the writ petition, the prayer of the petitioners is primarily for quashing a notice dated 3rd July, 2010. The said notice stipulates:This is to inform you that as per the directive of the competent authority dispatches of coal to your unit has been suspended with immediate effect till further order. The pe...


Jan 28 2013

indica Smokeless Fuel Industries and anr. Vs. Coal Inaid Ltd.and ors.

Court: Kolkata

Decided on: Jan-28-2013

ORDER SHEET GA No.143 of 2013 WP No.1009 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF:INDICA SMOKELESS FUEL INDUSTRIES & ANR. Versus COAL INAID LTD.& ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :28. h January, 2013. Appearance:Mr.Samaraditya Pal, Senior Advocate, Ms.Sukla Banerjee, Advocate with Mr.Pallav Banerjee, Advocate..for the Petitioner. Mr.Sakti Nath Mukherjee, Senior Advocate with Mr.Kalimuddin Mondal, Advocate..for the Respondents. The Court:-The petitioners in this proceeding in substance seek supply of coal for their units by the respondent no.5, being the Central Coalfields LTD.On 3rd July, 2010, an order of suspension of supply of coal was issued by the respondent no.5. The petitioners filed a writ petition (W.P.No.1009 of 2010) challenging the order of suspension. On 4th August, 2010, an interim order was passed staying the order of suspension. It is submitted on behalf of the petitioners that appeal has be...


Jan 28 2013

Vs. Kolkata Municipal Corporation and ors.

Court: Kolkata

Decided on: Jan-28-2013

ORDER SHEET W.P.No.65 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DR. KISOR KUMAR PAL Petitioner Versus KOLKATA MUNICIPAL CORPORATION & ORS.Respondents BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :28. h January, 2013. For Petitioner : Mr.Sarajit Sen, Mr.T.S.Roy, Advocates For KMC : Mr.Sandip Kr. De, Advocate The Court : The petitioner in this WP under art.226 of the Constitution of India dated January 21, 2013 is questioning an intimation given to him by the Assistant Assessor-Collector(N) Division not VIII dated January 3, 2013 (WP p.93).The petitioner applied for mutation of the assessment records of the premises in question. Alleging inaction he moved a WP No.792 of 2012 in this court. By an order dated December 11, 2012 the WP was disposed of directing the authority concerned to decide the mutation request within the time mentioned in the order. In couRs.of consideration of the request the Assistant AssessorCollector has sent the i...


Jan 24 2013

Sreejaya Bhattacharjee Godfrey and anr. Vs. Shreejaya Tea and Industri ...

Court: Kolkata

Decided on: Jan-24-2013

TA No.12 of 2013 T No.24 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Sreejaya Bhattacharjee Godfrey & Anr. Versus Shreejaya Tea & Industries PVT.LTD.& ORS.Before: The Honble Justice I.P.MUKERJ.Date:24. h January 2013 Appearance: Mr.S.N. Mookerjee, Sr.Advocate Mr.Tilak Bose, Sr.Advocate Mr.S.Banerjee, Advocate for the petitioner The plaintiffs and the second defendant are siblings. Their father, Mridul Kumar Bhattacharjee, controlled the fiRs.defendant-company, Shreejaya Tea & Industries Private Limited. He died on 26th December 2012. The plaintiffs are sisters who resided outside the country at the time of their fathers death. not they want to reside here and run this company. Their brother, the second defendant, is a director of the company. After the death of the father, according to the statements made in the plaint and in the petition, the plaintiffs hold majority shares in the company. But they are aggrieved by the acts of the brother. On 7th January...


Jan 24 2013

Sreejaya Bhattacharjee Godfrey and anr. Vs. Mkb (Asia) Pvt. Ltd. and o ...

Court: Kolkata

Decided on: Jan-24-2013

TA No.13 of 2013 T No.25 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Sreejaya Bhattacharjee Godfrey & Anr. Versus MKB (Asia) PVT.LTD.& ORS.Before: The Honble Justice I.P.MUKERJ.Date:24. h January 2013 Appearance: Mr.S.N. Mookerjee, Sr.Advocate Mr.Tilak Bose, Sr.Advocate Mr.S.Banerjee, Advocate for the petitioner The plaintiffs and the second defendant are siblings. Their father, Mridul Kumar Bhattacharjee, controlled the fiRs.defendant-company, MKB (Asia) Private Limited. He died on 26th December 2012. The plaintiffs are sisters who resided outside the country at the time of their fathers death. Now, they want to reside here and run this company. Their brother, the second defendant, is a director of the company. After the death of the father, according to the statements made in the plaint and in the petition, the plaintiffs hold majority shares in the company. But they are aggrieved by the acts of the brother. On 7th January 2013 he took in the third and ...


Jan 24 2013

Nilanjan Das and ors. Vs. Kishore Kanjee and anr.

Court: Kolkata

Decided on: Jan-24-2013

AP No.109 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction NILANJAN DAS & ORS.Versus KISHORE KANJEE & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :24. h January, 2013. Appearance: Mr.Suman Dutta, Adv.Mr.Niladri Khanna, Adv.Mr.Avinash Karnani, Adv.Mr.Aniruddh Poddar, Adv.The Court : Without prejudice to their rights and contentions, the parties have agreed to the following order relating to both the manufacturing facility and the office of the partnership firm, Hitek Industries:1. That a Receiver be appointed for the purpose of making an inventory of all the assets at the manufacturing facility of the firm at Dankuni whereat the respondents accept that there is no business being transacted at the moment; 2. The Receiver will make an inventory of the books of accounts, stock register and other documents available pertaining to the firm at its office at 16, Ganesh Chandra Avenue. The Receiver will also make an inventory of the records lying at the fact...


Jan 24 2013

Dilip Kr. Roy Vs. Preety Singha Roy

Court: Kolkata

Decided on: Jan-24-2013

1 GA No 3307 of 2012 TS No.02 of 2000 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE In the Goods of : Kamala Prasad Roy (Deceased) Dilip Kr. Roy Versus Preety Singha Roy BEFORE : The Honble JUSTICE MURARI PRASAD SHRIVASTAVA Date:24. 01.2013 Appearance: Mr.Sudip Ghosh, Advocate for the Plaintiff Mr.Partha Sarathi Bose, Advocate Mr.Kinjal Kumar Baral,Advocate .for the defendant The Court: The present application has been filed by the petitioner praying for recording the death of the plaintiff and to allow petitioner, son of the plaintiff to be substituted in his place and also to amend the cause title in the manner as shown and underlined with red ink in annexure-C to the petition as also for grant of probate in favour of the petitioner being executor by tenot and alternatively to grant Letters of Administration in favour of the petitioner. Defendant No.3 Vaswati Konar has opposed the prayer by way of Affidavit-in-opposition and the petitioner has sought to meet the contentions of the defe...


Jan 24 2013

Amrita Media Private Limited Vs. Amrita Bazar Patrika Private Limited

Court: Kolkata

Decided on: Jan-24-2013

ACO No.185 of 2012 APO No.340 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE AMRITA MEDIA PRIVATE LIMITED -VersusAMRITA BAZAR PATRIKA PRIVATE LIMITED & ORS.Appearance: Mr.Pratap Chatterjee, Sr.Adv.Mr.Jishnu Saha, Adv.Mr.S.Dasgupta, Adv.Mr.Pratik Ghose, Adv...for the applicant. Mr.S.N.Mookherjee, Sr.Adv.Mr.Ratnanko Banerjee, Adv.Mr.Anirban Roy, Adv.Ms.Swapna Choubey, Adv.Mr.Sanjoy Jhunjhunwala, Adv...for the respondent Nos.1-3. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : January 24, 2013. The Court : By consent of the parties, the instant appeal is disposed of in the manner following: (A) An Extra Ordinary General Meeting of Amrita Bazar Patrika Private Limited shall be convened to be held by the Chairman, hereinafter named, on such date and at such time and place as deemed fit by the Chairman to transact the following business: i) To confirm the removal of Mr.Gyaneshwar Mishra as Director and appointment of Mr.Jayanta Sengupta as Director in his...


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