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Kolkata Court October 2013 Judgments

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Oct 09 2013

Magma Fincorp Ltd. Vs. the Barak Tea Company Ltd. and ors.

Court: Kolkata

Decided on: Oct-09-2013

ORDER SHEET EC No.456 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LTD.Versus THE BARAK TEA COMPANY LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 9th October, 2013. Mr.Samrat Sen, Mr.P.Sinha for the decree holder. Mr.A.C. Kar for the judgment debtORS.The Court : Leave is granted to the decree holder to correct the date of the decree which according to the decree holder due to inadvertence has been recorded as 23rd March, 2010 whereas it should be 9th September, 2003. Pursuant to the said decree an order was passed in execution on 15th September, 2009. Subsequently the parties negotiated between themselves and terms of settlement was entered into. On the basis of the said terms of settlement EC137of 2009 was disposed of. According to the decree holder the said terms of settlement have not been honoured by the judgment debtORS.Hence this application has been filed and orders sought. Sums are due and payable by the judgment debtors to th...


Oct 09 2013

Jogendra Nath Mullick Vs. Kanto Mohan Mullick and ors.

Court: Kolkata

Decided on: Oct-09-2013

GA No.3163 of 2013 CS No.366 of 1937 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JOGENDRA NATH MULLICK -VersusKANTO MOHAN MULLICK & ORS.Appearance: Mr.A.Dutta, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 9th October, 2013. The Court : This application has been filed by the sebait of a debuttar estate which owns premises No.60C, Cooltola Street, Kolkata- 700 073. The case of the petitioner is that portion of the premises mentioned above, has been given on tenancy to diveRs.parties. One of the said tenants is M/S.A.S.Highrise PVT.LTD.who is a defaulter since April, 2012. It has now come to the knowledge of the petitioner that the said tenant is seeking to part with possession of the portion of the said premises which is in his possession, namely, Room Nos.R-6, R-7, R-12 and R-12A. Hence this application has been filed and orders sought. In spite respondent-tenant. of service none appears on behalf of the The letter dated 8th ...


Oct 09 2013

Nirmal Wires Private Limited Vs. K. R. Steel Union Limited

Court: Kolkata

Decided on: Oct-09-2013

CS267of 2010 WITH CS68of 2009 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE NIRMAL WIRES PRIVATE LIMITED Versus K.R.STEEL UNION LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 9th October, 2013. Mr.Jishnu Saha,Advocate appeaRs.Mrs.H.Chakraborty,Advocate appeaRs.The Court :- The suit was adjourned from time to time in order to enable the parties to arrive at a settlement. Considering the nature of dispute and the issues involved, this Court, prima facie, forms an opinion that it involves examination of the accounts of the parties. Several adjournments were sought on behalf of K.R.Steel Union Limited on the ground that they are ready and willing to settle the dispute and would send their competent person to the office of the plaintiff with the proper accounts so that the dispute could be resolved. It appears that such representation was made to this Court without having any genuine intention to settle the matter and just to buy time. The letters produced after the oral submissions ma...


Oct 09 2013

Anil Kumar Patodia and anr. Vs. Sunil Kumar Patodia and ors.

Court: Kolkata

Decided on: Oct-09-2013

ORDER SHEET GA3099OF2013CS338OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANIL KUMAR PATODIA & ANR. Versus SUNIL KUMAR PATODIA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 9th October, 2013. Mr.Abhrajit Mitra, Adv., with Ms.R.Kajaria, Adv., Mr.J.Chowdhury, Adv., ..for the plaintiff. Mr.S.N.Mookherjee, Sr.Adv., with Mr.D.Ghosh, Adv., ..for respondents nos.9 & 40. Mr.R.Banerjee, Adv., with Mr.S.Ginodia, Adv., Mr.M.K. Tiwari, Adv.,..for respondents nos.5 & 41. Mr.R.L.Mitra, Adv.with Ms.P.Dhar, Adv., for respondents nos.1 to 3. The Court : By this application, the petitioners seek vacating of the order dated September 27, 2013 on the ground that no sum of money was paid by the respondentno.41 to the respondent no.40 for the purchase of the unit. Reliance has been placed on page 186 annexed to the petition to evidence that the monies did not come from the respondent no.41 but was paid by independent persons and it is only after the purchase was...


Oct 09 2013

Daud HossaIn and anr. Vs. Pataka Industries Pvt Ltd and ors.

Court: Kolkata

Decided on: Oct-09-2013

GA No.3153 of 2013 CS No.224 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DAUD HOSSAIN & ANR. Versus PATAKA INDUSTRIES PVT LTD & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 9th October, 2013. Appearance: Mr.Ratnanko Banerjee, Adv.Mr.Dhruba Ghosh, Adv.Mr.S.Chowdhury, Adv.Mr.Anirban Roy, Adv.Mr.Advind Jhunjhunwala, Adv.Ms.Anshumala Bansal, Adv.Ms.Nikita Jhunjhunwala, Adv..for the petitioners Mr.S.N. Mookherji, Sr.Adv.Mr.Jishnu Saha, Adv.Mr.Rajeev Kr. Jain, Adv..for the respondent nos.1, 3 and 4 Mr.Debangsu Basak, Adv..for the respondent no.2 The Court : By this application the petitioners seek order of injunction restraining the respondent no.3 from allowing any person other than persons mentioned in the order dated 11th July, 2013 to operate the bank accounts and also not to give effect to the resolution dated 20th June, 2013. The respondent no.1 is a family company of the respondent no.7 and his sons. Various disputes have arisen between ...


Oct 09 2013

In the Matter of : Shri Bhavesh Shah Vs. State of West Bengal and ors

Court: Kolkata

Decided on: Oct-09-2013

ORDER SHEET WP1067OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF : SHRI BHAVESH SHAH Versus STATE OF WEST BENGAL AND ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th October, 2013. Appearance : Ms.Amrita Pandey, Adv. for the petitioner 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 24-062013 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 to be liste...


Oct 09 2013

P. A. Projects Pvt. Ltd. Vs. the Registrar of Companies, West Bengal

Court: Kolkata

Decided on: Oct-09-2013

ORDER SHEET CP No.688 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: P.A.PROJECTs PVT.LTD.Versus THE REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 9th October, 2013 Appearance Mr.Arun Kumar Mishra, Adv.Mr.Amaresh Bag, 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 r...


Oct 09 2013

Hindusthan Steelworks Construction Ltd. Vs. M/S.P. Sethian

Court: Kolkata

Decided on: Oct-09-2013

ORDER SHEET GA NO.3140 OF2013APOT NO.512 OF2013EC NO.112 OF2011IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HINDUSTHAN STEELWORKS CONSTRUCTION LTD.Versus M/S.P.SETHIAN BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 9th October, 2013. Mr.Ravi Kapoor, Advocate Mr.S.Sengupta, Advocate for the appellant. Mr.Moloy Kumar Das, Advocate for the respondent. The Court : The learned single Judge dismissed the application for setting aside of the award at the instance of the appellant. The appellant preferred an appeal unsuccessfully. They lost before the Apex Court. They applied for review before the Division Bench that is yet to be heard. At this juncture, the appellant wanted an adjournment of the execution case that the learned Judge rejected. The learned single Judge directed payment of the entire decretal sum that was kept in deposit with the bank. Mr.Moloy Kumar Das, learned Counsel appearing for the respondent, wo...


Oct 09 2013

Kabari Pvt. Ltd. Vs. Shrimati Ila Basu and ors.

Court: Kolkata

Decided on: Oct-09-2013

IN THE HIGH COURT AT CALCUTTA Ordinary Original Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen EOS18of 1991 KABARI PVT. LTD. VS. SHRIMATI ILA BASU & ORS. For the plaintiff : Mr. R.N. Jhunjhunwala, Mr. Debdutta Sen, Mr. Sounak Mitra, For the defendants : Mr. Sayantan Bose, Heard on :25. 07.2013, 30.07.2013, 12.08.2013, 13.08.2013, 14.08.2013, 03.10.2013 Judgment on :9. h October, 2013 Soumen Sen, J.:- This suit has been instituted by the plaintiff, Kabari Private Ltd, (hereinafter referred to as Kabari) against the defendants (Smt. Ila Basu & Others) for, inter alia, recovery of possession of premises No.8A, Burdwan Road, Alipore, Calcutta on expiry of the 30 years period of lease dated 10th August 1951 (effective from 1st August, 1951) by efflux of time on 31st July, 1981, and for mesne profits and damages, interest, costs and for other ancillary reliefs. Initially, the suit was instituted in the Court of First Subordinate Judge at Alipore on 22nd December 1981 (bei...


Oct 09 2013

Magma Fincorp Limited Vs. Motilal Nandlal Agarwal and anr.

Court: Kolkata

Decided on: Oct-09-2013

AP No.353 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LIMITED Versus MOTILAL NANDLAL AGARWAL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th October, 2013. Mr.Paritosh Sinha, Adv.appears The Court: The respondents are not represented despite previous notice and despite being recently informed of an offer of Rs.7.55 lakh received in respect of the asset covered by the agreement which is now in possession of the Receiver. The petitioner says that upon receipt of the recent notice, the respondents have mailed to advocate for the petitioner respondents have an offer of Rs.8 lakh for the asset. that the However, no particulars of the offerer have been furnished and the respondents are not represented. The sale of the vehicle taken possession of by the Receiver is confirmed in favour of Indrajit Sengupta of Nagpur at Rs.7.55 lakh, subject to the entire payment being made by way of a demand draft or bankers cheque or like instrument, ...


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