Kolkata Court January 2013 Judgments
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Srei Equipment Finance Pvt. Ltd.(Sefpl) Vs. Gangan Stone and anr.
Court: Kolkata
Decided on: Jan-16-2013
ORDER SHEET AP No.13 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the matter of: SREI EQUIPMENT FINANCE PVT.LTD.(SEFPL) Versus GANGAN STONE & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :16. h January, 2013. Appearance: Mr.Satarup Banerjee, Adv.The Court: The respondents are not represented despite previous service and despite being made aware that sale of the eight assets taken possession of by the Receivers pursuant to earlier directions would be conducted by Court. The Receivers have received offers for seven of the eight assets. No offer has been received for the Atlas Copco crawler drill. The highest offer for the five of the seven assets is of Rs.64 lakh by one Pankaj Bajoria of Amravati. Such offer is for five JCB excavatORS.two of which are not at Gwalior and three of which are at Jaipur. The sale of the five excavators is confirmed in favour of Pankaj Bajoria at Rs.64 lakh, subject to the balance consideration being tend...
Coal India Limited Vs. Apeejay House Private Ltd.
Court: Kolkata
Decided on: Jan-16-2013
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 Ms.Justice Shukla Kabir (Sinha) A.P.D.No.216 of 2009 C.S.No.42 of 2006 Coal India Limited -VSApeejay House Private LTD.Heard on : December 18 and 19, 2012 & January 4, 2013. AND A.P.D.No.256 of 2009 C.S.No.72 of 2006 Coal India Limited -VSApeejay House Private LTD.Heard on : January 7 2013. For the Appellant : Mr.Pradip Kumar Dutta, Mr.Partha Basu, Senior Advocate Advocate For the Respondent : Mr.Anindya Mitra, Advocate General Mr.Sarbapriya Mukherjee, Advocate Ms.Swati Agarwal, Advocate Mr.Debanjan Mondal, Advocate Judgment on : January 16, 2012. ASHIM KUMAR BANERJEE.J.FACTUAL SCENARIO THIRD FLOOR TENANCY (C.S.No.42 if 2006) Apeejay House Private Limited was the owner of premises no.15, Park Street, Calcutta. Since 1975 Coal India Limited was occupying various portions of the said building as tenant and/or lessee. The subject appe...
M/S. Bhagalaxmi Construction Represented by Its Proprietor Vs. Manoran ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-11-2013
S. Coari, LD. Member The present Appeal has been directed against the judgement and order dt. 20.8.10 passed by the District Consumer Disputes Redressal Forum, North 24 Parganas in C.C.Case No. 124/2009 wherein the Ld. District Forum allowed the petition of complaint in part against the Ops with cost along with a direction upon the Ops to execute and register the deed of conveyance by delivering the khas possession of the flat in favour of the complainant and also to handover the Completion Certificate within one month from the date along with a further direction upon the Ops to pay Rs. 1,000/- to the complainant by way of litigation cost. The case of the Complainant/Respondent before the Ld. District Forum, in brief, was that the complainant entered into an agreement with the OP No. 2, Construction Company, for the purpose of purchasing a self-contained flat for a consideration of Rs. 2,60,000/- and in compliance to the said agreement the complainant paid Rs. 50,000/- as earnest money...
Managing Director Radon House Pvt. Ltd. Vs. Prof. Sandip K. Chakrabort ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-10-2013
Kalidas Mukherjee, President This appeal is directed against the judgment and order passed by Learned District Forum, Kolkata, Unit-I in case no.72/2010 allowing the complaint and directing the OP to pay Rs.2,30,000/- together with interest @ 9% per annum from the date of payment for purchasing goods in question till realization.The OP has been further directed to pay the complainant Rs.50,000/- as compensation for his harassment and mental agony and litigation cost of Rs.1,000/- within 45 days from the date of communication of the order.In default, an interest @ 9% per annum shall accrue over the entire sum till realization. The case of the complainant/respondent, in short, is that the Indian Centre for Space Physics (ICSP) is an autonomous institute dedicated to carry out scientific research in Astrophysics, Astronomy and Space Science and is affiliated to University of Calcutta. The institute decided to procure an X-ray generator system for its X-ray laboratory in December, 2006. Fo...
Srikanta Saha and Another Vs. the Customer Care Manager Emirates Airli ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-08-2013
S. Coari, LD. Member The present petition of complaint has been filed by the complainants namely, (1) Mr. Srikanta Saha and (2) his wife, Mrs. Kalpana Saha against the Ops namely, (1) The Customer Care Manager, Emirates Airlines and (2) M/s. South Wind Travels Agent Pvt. Ltd. for a direction upon the OP No. 1 to pay Rs. 34,20,000/- to the complainants for damage and loss suffered together with mental agony, harassment and trauma faced by the complainants for the illegal acts of the OP No. 1. The case of the complainants, in brief, is that the complainants purchased two Business Class tickets on 14.7.11 in order to avail of the flight of the OP No. 1 from Kolkata-Dubai-Los Angeles on 5.8.11 being Flight No. EK-573, which was supposed to depart at 8.30 p.m. and also for return journey from Los Angeles to Kolkata. It is the case of the Complainants that on 5.8.11 by availing of the aforesaid flight they reached Dubai around the midnight and were scheduled to avail of the Flight No. EK 217...
Goutam Sinha Vs. General Manager South Eastern Railway and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-08-2013
J. Bag, LD. Member The present appeal is directed against the Order dated 15.06.2012 passed by the Ld. District Consumer Disputes Redressal Forum, Kolkata Unit II in their Consumer Case No. 36 of 2010, the Ld. Forum having dismissed the complaint on the ground of lack of territorial jurisdiction. The appeal is presented with the facts as stated below : The Appellant / Complainant on 02.08.2008 purchased a Journey -cum -Reservation Ticket (2 AC ) for his own journey and also for journey of his daughter from Howrah to Bhubaneswar by Train No. 2895 Howrah-Puri Express on 10.10.2008, vide PNR No. 611877816 and another Journey-cum -Reservation Ticket Vide PNR No. 641551959 for return journey from Bhubaneswar to Howrah by Train No. 2074 Janasatabdi Express on 11.10.2008. Both the tickets were purchased from the NKG South Eastern Railway Head Office ticket counter at 14, Strand Road, Police Station, Hare Street, Kolkata -700 001 through ATM cum debit card. On the date of his Up - journey, tha...
Nikhil Chandra Pal and Another Vs. Ms. Pratima Adhikary and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-07-2013
Kalidas Mukherjee, President These are the two appeals bearing no.FA 513/2011 and FA 59/2012 arising out of the same judgment passed by the Learned District Forum, Nadia in case no.37/2011 allowing the complaint case and directing the OPs jointly and severally to pay Rs.49,500/- as the price of the motor cycle, Rs.2,000/- as compensation for harassment caused to the complainant and Rs.1,000/- as litigation cost totalling to Rs.52,500/-. The Learned District Forum further directed the OPs to pay the decretal amount within a period of one month from the date of order after taking back the old motor cycle bearing no.WB52J4210. The Learned District Forum, however, did not make any order against OP No.3. The case of the complainant/respondent, in short, is that she purchased a motor cycle on 18/04/10 at the price of Rs.49,500/-. After purchase of the vehicle there were some defects with regard to the engine of the motor cycle. The complainant being a student purchased the motor cycle for th...
Damodar Valley Corporation Vs. M/S. Graphite India Ltd.
Court: Kolkata
Decided on: Jan-04-2013
AP No.212 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction DAMODAR VALLEY CORPORATION Versus M/S.GRAPHITE INDIA LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h January, 2013. Mr.Samit Talukdar, Sr.Adv.appears The Court : The respondent is not represented even at the second call. A short issue has been raised by the petitioner in couRs.of the present proceedings under Section 34 of the Arbitration and Conciliation Act, 1996. The petition was filed within the time permitted by the provision. Under an agreement of August 19, 1994 the petitioner agreed to supply electrical energy to the respondent at its manufacturing unit. Among the charges that the respondent had to pay to the petitioner were a demand charge and a minimum guaranteed energy charge (MGE).Disputes arose between the parties following the accidental breakdown of a key equipment at the respondents manufacturing facility and the inability of the respondent to thereafter use electrical energy...
Vs. Eastern Coal Fields Limited and ors.Respo
Court: Kolkata
Decided on: Jan-04-2013
APO No.293 of 2012 WP No.119 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAJ KUMAR AGARWALLA Petitioner Versus EASTERN COAL FIELDS LIMITED & ORS.For Petitioner Respondents : Mr.Samit Talukdar, Sr.Advocate Mr.Suman Dutt, Advocate For Respondents : None BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :4. h January, 2013. The Court : The petitioner while obtaining employment in the year 1987 declared himself to be non-matriculate. However, it was expected of the petitioner to declare that he had matriculated at the time of employment and to show his mark sheet in case he has obtained matriculate qualification in 1970. When the petitioner obtained employment he declared his date of birth as 9.2.1952. Later on after getting correction of his name in terms of the mark sheet of matriculation representation and of sought the year 1970, correction of in the 1997 date he of filed birth a as 14.11.1953, which was e...
Vs. Aditya Birla Nuvo Limited and ors.Responde
Court: Kolkata
Decided on: Jan-04-2013
ORDER SHEET G.A.No.3294 of 2012 G.A.No.3295 of 2012 APOT No.524 of 2012 WP No.1034 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHEORAPHULLY REGUDLATED MARKET COMMITTEE & ORS.Appellants Versus ADITYA BIRLA NUVO LIMITED & ORS.Respondents BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :4. h January, 2013. For Appellants : Mr.Pradeep Kumar Roy, Advocate For Respondents: Mr.Samit Talukdar, Sr.Advocate Mr.Suman Dutt and Mr.A.K.Dey, Advocates The Court : Heard learned Counsel for the appellants. Delay is condoned for the reasons mentioned in the application under Section 5 of the Limitation Act. The application under Section 5 of the Limitation Act is allowed. The appeal is admitted. The appeal has been preferred by Sheoraphully Regulated Market Committee aggrieved by the observation made in the order impugned. The question of levy of market fee was questioned before a Single Bench. The Single Bench has left the q...