Kolkata Court October 2013 Judgments
Smt. Ratna Mukherjee and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-31-2013
ORDER SHEET T.A No.99 of 2013 G.A.No.. of 2013 W.P.No.1010 of 2013 IN THE HIGH COURT AT CALCUTTA Constitution Writ Jurisdiction ORIGINAL SIDE Smt. Ratna Mukherjee & ORS.Versus The State of West Bengal & ORS.BEFORE: The Hon'ble Justice HARISH TANDON (VACATION BENCH) Date: 31st October, 2013 Appearance : Mr.Amitava Das, Adv.Mr.Anath Bandhu Datta, Adv.Mr.M.K. Gupta, Adv. for the petitioners The Court : The petitioners have challenged the acquisition proceeding in the instant writ petition on the ground that the said acquisition has been done in the absence of any public purposes. Previously, the premises was requisitioned by the Public Works Department for the residence of one of its employees. The petitioners allege in this interlocutory application that the said employee has abandoned the said premises after attaining superannuation and for the purpose of safety and security the padlock is put on the main entrance door and the matter is already reported before the local police station. ...
Tag this Judgment!Vindhya Industries Pvt. Ltd. Vs. Oil and Natural Gas Corporation Ltd. ...
Court: Kolkata
Decided on: Oct-31-2013
ORDER SHEET T No.244 of 2013 WP No.of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Vindhya Industries PVT.LTD.versus Oil and Natural Gas Corporation LTD.& ORS.Appearance: Mr.Kishore Dutta, Adv. for the petitioner Mr.Soumya Majumder, Adv.Mr.Sounak Banerjee, Adv.for the Respondent Nos.1 to 4. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 31st October, 2013 (Vacation Bench) The Court : The petitioner has challenged the letter of rejection dated 30.10.2013 on the ground that the consideration made therein is contrary to the terms and conditions embodied under the notice inviting tender. According to the petitioner, the certificates required from time to time were duly submitted but the authorities have proceeded to reject the tender submitted by the petitioner on the plea that the petitioner does not have requisite experience for the works as specified in the said notice inviting tender. Mr.Dutta, learned advocate appearing for the petitioner has pla...
Tag this Judgment!(Previously Known as Cube Fintex (P) Ltd.) Vs. New Central Jute Mills ...
Court: Kolkata
Decided on: Oct-31-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION T No.242 of 2013 AP No.of 2013 ABHIDEEP GLOBAL FINANCE LIMITED (previously known as Cube Fintex (P) Ltd.) Versus NEW CENTRAL JUTE MILLS Co.LTD.& ANR. Appearance: Mr.Ratnanko Banerji,, Advocate Mr.Reetobroto Mitra, Advocate Mr.P.Saraogi, Advocate Ms.A.Jain, Advocate BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 31st October, 2013 (Vacation Bench) The Court: By an agreement dated 1st December, 2010 entered into between the petitioner and the MSTC Limited the respondent no.1 entrusted the said MSTC Limited to procure and supply the raw jute. By a further agreement dated 1st December, 2010 in the form of addendum the petitioner was also included as the party to the said agreement and it was agreed that the respondent no.1 shall make over the cheques in favour of the said MSTC Limited who shall in turn transmit the said amount to the petitioner. 2 The aforesaid agreement contains an arbitration clause. The respondent no.1 fa...
Tag this Judgment!Konica Traders Pvt. Limited Vs. New Central Jute Mills Co. Ltd. and an ...
Court: Kolkata
Decided on: Oct-31-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION T No.243 of 2013 AP No.of 2013 KONICA TRADERS PVT.LIMITED Versus NEW CENTRAL JUTE MILLS Co.LTD.& ANR. Appearance: Mr.Ratnanko Banerji,, Advocate Mr.Reetobroto Mitra, Advocate Mr.P.Saraogi, Advocate Ms.A.Jain, Advocate BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 31st October, 2013 (Vacation Bench) The Court: By an agreement dated 1st December, 2010 entered into between the petitioner and the MSTC Limited the respondent no.1 entrusted the said MSTC Limited to procure and supply the raw jute. By a further agreement dated 1st December, 2010 in the form of addendum the petitioner was also included as the party to the said agreement and it was agreed that the respondent no.1 shall make over the cheques in favour of the said MSTC Limited who shall in turn transmit the said amount to the petitioner. The aforesaid agreement contains an arbitration clause. The respondent no.1 failed and neglected to pay the amount for the goods...
Tag this Judgment!iffco Tokio General Insurance Co. Ltd. and Another Vs. Subrata Kumar D ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Oct-31-2013
J. Bag, Ld. Member: Both the appeals arise out of the same impugned order dated 21.09.2012 in the same Consumer Case No. 21/2012, whereby Ld. District Consumer Disputes Redressal Forum, Purba Medinipur, allowed the complaint ( in part ) exparte against OP No.1 and dismissed on contest against OP No.2. The complaint case , in brief, was as follows: The Complainant being the owner of the vehicle No. WB-32/A/9495 obtained an insurance policy for a sum of Rs.6,24,849/- . The policy was valid from 02.09.2009 to midnight on 01.09.2010 . The insurance certificate was issued from the Kolkata Branch of the insurance company i.e. United India Insurance Company Ltd . On 22.07.2010 at about5.15 pm ,the vehicle, while returning from Satragachi to Contai within the District of Purba Medinipore collided with a TATA Sumo vehicle bearing No. WB 025/7544 resulting in full damage of the vehicle and by such accident all passengers including the driver, namely, Ram Pada Maity were seriously injured. Three ...
Tag this Judgment!Rainbow Construction (Developer) Represented by Its Partners and Other ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Oct-29-2013
Mridula Roy, Member: This order will govern both the Revision Petition being Nos. RP/187/2012 and RP/18/2013 since both the revision petitions are filed in connection with the complaint case being No. CC/36/2012 pending before Ld. District Forum, North 24 Pgs. In RP/187/2012 the Revision Petitioner challenged the impugned order being No. 14 dated 19.09.2012. In RP/18/2013 the Revision Petitioner challenged the impugned orders being Nos. 21, 22 and 23 dated 07.12.2012, 01.01.2013 and 16.01.2013. The case of the Complainants, in brief, is that they are the owners of the property in question by way of purchase of the different flats from the O.Ps and now in the possession of their respective flats and also got registration of Deed of Conveyance of the respective flats in favour of them. The flat owners Complainants alleged deficiency in service on the part of the O.Ps for not providing the facilities as per terms of the respective Agreement for Sale entered into between the parties with ...
Tag this Judgment!Mrs. Sheuli Das Vs. Dr. Kanchan Bhattacharyya and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Oct-29-2013
Kalidas Mukherjee, President: This is a petition of complaint filed by the complainant on the ground of medical negligence against the OPs claiming of Rs.56,04,552/- for alleged wrong operation of Total Hip Replacement (L) of the husband of the complainant which includes Rs.11,04,552/- for the expenditure so far incurred for the treatment of her husband from the date of Total Hip Replacement operation; Rs.27 lakh for the loss of earning due to premature termination of service due to disability in wrong operation; Rs.10 lakh for damages for loss of normal life and Rs.8 lakh for mental agony of the complainant and their only daughter. The complainant has also prayed for a direction upon the OPs to pay to the complainant Rs.40,14,000/- tentatively as penal damages for revision surgery at Vienna as advised by Dr. N. B. Sen Chaudhuri. The case of the complainant, in short, is that her husband Mr. Prabir Kumar Das while on duty as Executive Engineer, 24-Parganas (South), Zilla Parishad at Ga...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Oct-28-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION APOT No.532 of 2013 CA No.421 of 2013 CP No.61 of 2013 In the matter of: M/S.MODERN INFRA PROJECTS INDIA LTD.AND M/S.RISING BUILDCo.LIMITED & ANR. AND APOT No.533 of 2013 CA No.416 of 2013 CP No.63 of 2013 In the matter of: M/S.MODERN INFRA PROJECTS INDIA LTD.AND M/S.DHANALAXMI MERCANTILE PRIVATE LIMITED & ANR. AND APOT No.534 of 2013 CA No.420 of 2013 CP No.62 of 2013 In the matter of: M/S.MODERN INFRA PROJECTS INDIA LTD.AND M/S.RIDHI SIDHI MERCHANTS PRIVATE LIMITED & ANR. Appearance: Mr.Avik Datta, Adv.for the appellant Mr.Saubhik Chowdhury, Adv.for L. & T Finance Limited Ms.Ruma Sikdar, Adv.for the Official Liquidator 2 BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA AND The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 28th October, 2013 (Vacation Bench) The Court: The order dated 23rd September, 2013 refusing to recall the order dated 29th July, 2013 has been appealed against. We find that by the order dated 29th July, 2013, the ...
Tag this Judgment!Surya Alloy Industries Limited Vs. North Western Railway and ors.
Court: Kolkata
Decided on: Oct-28-2013
ORDER SHEET TA No.240 of 2013 AP No.2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Surya Alloy Industries Limited Versus North Western Railway & ORS.BEFORE: The Hon'ble Justice HARISH TANDON (VACATION BENCH) Date: 28th October, 2013 Appearance: Mr.Raja Basu Chowdhury, Adv.Mr.Goutam Shroff, Adv.Mr.Kallol Saha, Adv.Mr.Subhas Jana, Adv.The Court : The petitioner was awarded the purchase order for supply of the Joggled Fish plates with specifications. The said purchase agreement was subsequently superceded by insertion of certain terms and conditions unilaterally imposed by the respondents. It appears that the supply could be made only upon recording the satisfaction relating to the specification and quality of the goods by RITES Limited. The inspection was offered which was later on terminated by the said RITES Limited. The aforesaid fact was brought to the notice of the North Western Railway who awarded the contract and who in turn approached the RI...
Tag this Judgment!Space Matrix Private Limited Vs. Idbi Bank Limited and ors.
Court: Kolkata
Decided on: Oct-28-2013
ORDER SHEET GA No.3147 of 2013 CS No.379 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION SPACE MATRIX PRIVATE LIMITED VERSUS IDBI BANK LIMITED & ORS.BEFORE: The Honble JUSTICE HARISH TANDON Date: 28th October, 2013. (Vacation Bench) Mr.Mainak Bose, Adv..for the petitioner Mr.U.Raja Rao, Adv.Ms.Aparajita Rao, Adv..for the respondent no.4 Mr.R.K.Jha, Adv..for the respondent no.5 Mr.Somdutt Bose, Adv..for the respondent no.6 Mr.R.C.Prusti, Adv..for IDBI Bank. The Court: The petitioner has prayed for an interim order restraining the consortium banks from classifying the petitioners account as non-performing assets. The petitioners credit facility was recalled which led the petitioner to move before this Court by filing a writ petition. The Court passed an interim order on 13th June, 2013 restraining the bank from taking steps in pursuance of the letter of recall or lodging any claim before any forum for realising the claim of the bank without CDR proposal of the ...
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