Kolkata Court October 2013 Judgments
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Voyagers Club Tours (P) Ltd. Through Its Directors Vs. Dr. Swapan Kr. ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Oct-28-2013
Kalidas Mukherjee, President: This appeal is directed against the judgment and order passed by Learned District Forum, Kolkata, Unit-I in CDF Case No.136 of 2007 allowing the complaint and directing the OP to refund the sum of Rs.24,000/- together with interest @ 9% p.a. from 26/09/06 till the date of realization. The OP was further directed to pay compensation of Rs.80,000/- only for harassment and mental agony and litigation cost of Rs.10,000/- to the complainants within 45 days from the date of communication of the order in default the amount will carry interest @ 9% p.a. over the total amount till realisation. The case of the complainant/respondent, in short, is that the OPs arranged a package tour to Germany, Austria, Italy, Switzerland, France, Belgium, Netherlands and Great Britain. The brochure was supplied to the complainants. The complainants availed themselves of the tour on payment of necessary charges. It has been alleged by the complainants that they paid extra cha...
Pawan Kumar Ruia Vs. Icici Bank Limited and ors.
Court: Kolkata
Decided on: Oct-24-2013
ORDER SHEET APOT No.530 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PAWAN KUMAR RUIA VERSUS ICICI BANK LIMITED & ORS.Appearance: Mr.Abhrajit Mitra, Adv.Mr.Sarvopriya Mukherjee, Adv.Mr.Arif Ali, Adv.Mr.B.N. Joshi, Adv.Mr.A.Agarwalla, Adv.for the appellant Mr.Ratnanko Banerji, Adv.Mr.S.Chatterjee, Adv.Mr.M.K. Seal, Adv.for the respondents BEFORE: The Hon'ble JUSTICE SOUMEN SEN AND The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 24th October, 2013 (Vacation Bench) The Court: By consent of the parties, the appeal and the stay application are treated as on the days list and disposed of by the following order. There shall be an order in terms of prayer (a) of the petition. Service of notice of appeal is waived. 2 This appeal is directed against the judgment and order dated October 3, 2013 arising out of a proceeding under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. ICICI Bank Limited had filed an application for impounding of t...
Jyothy Laboratories Limited Vs. Vvf (India) Limited
Court: Kolkata
Decided on: Oct-24-2013
ORDER SHEET TA No.94 of 2013 GA No.of 2011 APOT No.531 of 2013 GA No.of 2013 APO No.of 2013 Arising out of AP No.1016 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Jyothy Laboratories Limited Versus VVF (India) Limited BEFORE: The Hon'ble Justice DIPANKAR DATTA AND The Hon'ble Justice JOYMALYA BAGCHI (VACATION BENCH) Date: 24th October, 2013 Appearance: Mr.Jaideep Gupta, Sr.Adv.Mr.Anirban Ray, Adv.Mr.Vivek Sharma, Adv.Mr.Sourav Ghosh, Adv.Mr.Prithwiraj Sinha, Adv.Mr.Arnab basu Mallick, Adv.Ms.Ishani Sengupta, Adv...for the appellant Mr.Abhrojit Mitra, Adv.Mr.C.Mehta, Adv.Mr.Sarbopriyo Kukherjee, Adv.2 Mr.B.N. Joshi, Adv.Mr.Aniruddh Agarwalla, Adv.Ms.Ishita Chakraborty, Adv...for the respondent The Court: This appeal is directed against an order dated October 9, 2013 passed by the learned trial Judge. By the said order, an order of injunction has been passed, which is in the following terMs."There will be an order of injunction restraining the responde...
Sudhir Prasad Singh Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Oct-21-2013
W.P.No.1064 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction SUDHIR PRASAD SINGH Versus COAL INDIA LIMITED AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 21st October, 2013. Appearance: Shyam Sundar Manna , Adv.The Court : Though the petitioner claims that the respondents have been served, it does not appear that all the respondents may have received copies of the petition yet. The petitioner challenges an order passed by the assistant manager (personnel) of Northern Coalfields Limited dated September 26/27, 2013 by which the promotion order issued in favour of the petitioner has been cancelled on the ground that the petitioner faces criminal charges and sanction to prosecute the petitioner had been granted in October, 2010 and a charge-sheet filed by the Central Bureau of Investigation against the petitioner on October 29, 2010. The petitioner was provisionally promoted along with several others by an order of Coal India Limited of April 2, 2013. Howe...
Smt. Kabita Sit Vs. Bikram Sen and ors.
Court: Kolkata
Decided on: Oct-09-2013
IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) Original Side Present : The Honble Justice Jyotirmay Bhattacharya October 9, 2013 CC167of 2011 WP1551of 2006 Smt. Kabita Sit versus Bikram Sen & ORS.Mr.Kamalesh Bhattacharya, Advocate for the contemnor Mr.Dilip Samanta, Advocate for the petitioner. The Court :- This matter was due to appear today as per the direction passed by this Court earlier on 3rd October 2013. However, the matter has not appeared today in the list by mistake. The matter is treated as on days list. The officer concerned who was directed to be present in Court, for explaining as to why the petitioners due has not been released, is present in Court today. Mr.Bhattacharya, learned Advocate representing the concerned officer submits that though the petitioner claimed a sum of Rs.32 lakhs and odd but as per their calculation her dues will be less than that. He further informs this Court that two increments which were given to her by the school authority are ...
Project Builders Pvt. Ltd. Vs. Registrar of Companies, West Bengal
Court: Kolkata
Decided on: Oct-09-2013
ORDER SHEET CP No.687 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: PROJECT BUILDERS PVT.LTD.Versus REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 9th October, 2013 Appearance Mr.Arun Kumar Mishra, Adv.Ms.Kanta Roy, Adv.The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.42,000/- on account of filing fees, additional filing fees and penalty would be the due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.42,000/- to the Registrar of Companies within a fortnight from date, the Registrar will res...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Oct-09-2013
CA No.485 of 2013 CP No.659 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the matter of: Southern Road Carriers LTD.(In Liqn.) And In the matter of: Jai Balaji Industries LTD.Before: The Hon'ble Justice Harish Tandon Date : 9th October 2013 Appearance : Mr.Shaunak Mitra, Advocate Mr.S.Jhunjhunwala, Advocate for the petitioner Mr.Abhrajit Mitra, Advocate Ms.Rajashree Kajaria, Advocate Mr.Jishnu Chowdhury, Advocate Ms.Sonia Sharma, Advocate for the company The Court: On the oral prayer of the advocate appearing for the petitioning creditor leave was granted for dispensation of service of the Judges Summons as it was submitted before this Court that there is an eminent urgency in moving the said application. The petitioning creditor prays for an appointment of the provisional liquidator under Section 450 of the Companies Act. My attention is drawn to Form 8 submitted by the company relating to the correction or modification of the charge. Clause 10 thereof shows that the ...
Antelec Ltd. Vs. Dev Bhoomi Awas Ltd.
Court: Kolkata
Decided on: Oct-09-2013
ORDER SHEET CS No.289 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANTELEC LTD.Versus DEV BHOOMI AWAS LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 9th October, 2013. Appearance: Mr.S.S.Bose, Adv.Mr.S.Datta, Adv..for the plaintiff. Mr.Supratim Laha, Adv..for the defendants. The Court: This matter is placed at the instance of the Registrar in Insolvency. It appears that pursuant to the order passed on 25th September, 2013, the concerned bank sent four several demand drafts drawn in favour of the Registrar in Insolvency, High Court, Original Side. The said bank drafts could not be encashed because it has been drawn in favour of a wrong entity and not in favour of the Registrar, Original Side, High Court Calcutta. However, this is a mistake on the part of the Department concerned and not of the bank. In view thereof, the Registrar in Insolvency is directed to return the said bank drafts with a request to the said bank to issue such bank draf...
Vvf (India) Ltd. Vs. Jyothy Laboratories Ltd.
Court: Kolkata
Decided on: Oct-09-2013
AP No.1016 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VVF (INDIA) LTD.Versus JYOTHY LABORATORIES LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th October, 2013. Appearance: Mr.S.N. Mookherji, Sr.Adv.Mr.Abhrajit Mitra, Adv.Mr.Sarvapriya Mukherjee, Adv..for the petitioner Mr.Anindya Mitra, Sr.Adv.Mr.P.Sinha, Adv.Mr.Anirban Roy, Adv..for the respondent The Court : The petitioner seeks to enforce a negative covenant contained in a sale and purchase agreement of December 21, 2009 between the predecessor-in-interest of the respondent and the predecessor-in-interest of the petitioner. The agreement of 2002 was executed by Henkel India Limited and VVF Limited and contains the following negative covenant at clause (4) under Article 4 thereof: During the fiRs.ten (10) years following the Commencement Date or as specifically agreed thereafter HENKEL shall not procure the Products listed in Annex C from any source other than VVF provided howe...
Ocl India Ltd and anr. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Oct-09-2013
ORDER SHEET WP1062OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE OCL INDIA LTD & ANR. Versus STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th October, 2013. Appearance : Mr.J.P. Khaitan, Sr.Adv.Mr.C.M. Ghorawat, Adv. for the petitioners Mr.S.Mukherjee, Adv. for the State The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-06- 2013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter t...
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