Kolkata Court October 2013 Judgments
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Bhagwati Developers Pvt Ltd Vs. TuhIn Kanti Ghosh and ors
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET CC No.118 of 2013 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction (Contempt) ORIGINAL SIDE BHAGWATI DEVELOPERS PVT LTD Versus TUHIN KANTI GHOSH AND ORS BEFORE: The Hon'ble JUSTICE PATHERYA Date : 8th October, 2013. Mr.S.K.Kapoor, Sr.Adv.Mr.P.K.Jhunjhunwala, Adv.Mr.R.Kapoor, Adv..for the petitioner. The Court: By order dated 12th September, 2005 an order was passed in terms of prayer (a) of the petition. Prayer (a) of the petition reads as follows :a) Injunction restraining the Respondent No.1 whether by himself or by his servants or agents or assigns or otherwise howsoever, from doing anything or taking any steps in relation to the said 2,25,920 shares in the Respondent No.2 Company except in accordance with the instruction of the Petitioner. It has now come to the knowledge of the petitioner that the dividends have been declared by the company being the alleged contemnor-respondent no.2. According to the petitioner the petitioner was entitled to the said dividend ...
M/S. Reliance Capital Ltd. Vs. Anand Newar and anr.
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET GA No.2560 of 2013 EC No.297 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction M/S.RELIANCE CAPITAL LTD.Versus ANAND NEWAR & ANR. BEFORE: The Hon'ble JUSTICE NADIRA PATHERYA Date : 8th October, 2013. Mr.Avijit Dey for the decree holder. Mr.Chayan Gupta, Mr.R.Ghosh for the judgment debtORS.Mr.Suddhasatva Banerjee, Mr.S.Ghose for the applicant. The Court : This application has been filed by one Hiralal Newar who is the father of the judgment debtor no.1. By the said application the applicant herein seeks vacating of the order dated 17th July, 2013. By the said order the Receiver was directed to make an inventory which has been complied with. The Receiver was also directed to take symbolic possession. It is in respect of this symbolic possession that an objection has been raised by the applicant herein. From the rent receipt annexed it appears that it is the applicant who is the tenant in respect of the second floor of the premises in question. The jud...
Mcleod and Co. Ltd. Vs. Uco Bank
Court: Kolkata
Decided on: Oct-08-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen C.S.153 of 2013 McLeod & Co.LTD.versus UCO Bank For the plaintiff : Mr.Shaunak Mitra, Advocate For the defendants : None. Heard on : 02.09.2013; 10.09.2013; 24.09.2013; 03.10.2013 and 08.10.2013. Judgment on : 8th October, 2013 Soumen Sen, J.:- The plaintiff has filed the suit for recovery of possession and mesne profits. The plaintiff is the owner of Premises No.3, Netaji Subhas Road, Kolkata 700 001. The defendant is a commercial bank and is in occupation of the northern half on the ground floor measuring a total builtup area of 5283 sq.ft. of the said premises (hereinafter referred to as the suit premises).Until determination of the tenancy, the defendant was paying a monthly rent of Rs.44/- (Approx.) per sq.ft. inclusive of service tax and municipal taxes at the applicable rate. The defendant has been in occupation and possession of the suit premises since July 1, 199...
Kishore Konar Vs. Jayanta Sarkar and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Oct-08-2013
Kalidas Mukherjee, President: This is a complaint case filed by the complainant alleging that he entered into an agreement dated 29/07/08 with the OPs for the purchase of flat being no.F, 2nd floor at premises no.67, P. Majumdar Road, Kolkata-700 078 measuring 1150 sq. ft. with car parking space at a consideration of Rs.24,50,000/- out of which Rs.13 lakh was paid. As per Clause-6.1 of Article VI of the agreement the OPs were supposed to complete the project within 24 months from the date of agreement. But the construction work has not yet been completed. The OPs have failed and neglected to complete the building, to deliver possession and to execute and register the deed of conveyance. For the said reasons, the complaint has been filed claiming compensation of Rs.9 lakh and litigation cost of Rs.50,000/-. The complainant has also prayed for a direction upon the OPs to complete the project, to obtain completion certificate and for registration of sale deed. The OP No.4/developer is con...
Bhamar Roy Vs. Landt Finance Limited and anr.
Court: Kolkata
Decided on: Oct-07-2013
1 ORDER SHEET GA No.3028 of 2013 APOT No.494 of 2013 AP No.803 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BHAMAR ROY Versus L&T FINANCE LIMITED & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 7th October, 2013. Appearance: Mr.Asit Baran Mukherjee, ld. Advocate For the appellant. Mr.Paritosh Sinha, ld. Advocate for the respondent. The Court :- The parties already arrived at a settlement as we find from page 94 of the petition. However, the appellant backed out. Hence, this order dismissing his application for setting aside of the exparte award. The appellant now prays, he would make payment of Rs.8.4 lac in the following manner:He wants to pay a sum of Rs.3 lac by October 20, 2013 and the balance in four equal monthly instalments. Such prayer is opposed by Mr.Sinha. Mr.Sinha would contend, as per the agreed terMs.payment of Rs.4 lac was to be made by September 20, 2013. Striking a balance, we direct the app...
Limited and Another Vs. Gic Housing Finance
Court: Kolkata
Decided on: Oct-07-2013
WP No.51 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction TUSHITA PROPERTIES PRIVATE LIMITED AND ANOTHER Versus GIC HOUSING FINANCE LIMITED AND OTHERS BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th October, 2013. Appearance: Mr.Jishnu Chowdhury, Adv.Mr.L.Vishal Kumar, Adv.Mr.Rajesh Upadhyay, Adv.Mr.Mrinal Kanti Saha, Adv.The Court: The petitioners complain of the failure on the part of the respondent bank to respond to the petitioners bid for a property proposed to be sold by the bank in exercise of its powers under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The grievance of the petitioner is that despite the petitioners having bid Rs.5.65 lakh for a property for which a reserved price of Rs.5.60 lakh was indicated, the property has been purported to be sold in favour of the added respondent at Rs.4.65 lakh. The added respondent is not represented. The bank is represented and has caused an affi...
Vs. Registrar of Companies, W.B.
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET CP668OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE: NAVIDOL MANAGEMENT PVT.LTD.AND RE : CHHOTE LAL GUPTA - VSREGISTRAR OF COMPANIES, W.B.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th October, 2013. Appearance : Ms.M.Bhuteria, Adv.The Court : 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.64,000/- 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.64,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the compan...
M/S. Arun Sign Works Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET GA No.3098 of 2013 CS No.369 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.ARUN SIGN WORKS Versus STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date: 7th October, 2013 Mr.Abhrajit Mitra, Adv.with Mr.Jishnu Chowdhury, Adv..for the petitioner In a suit for a declaration that the licence issued pursuant to the agreement dated 1st March, 2011 stood renewed, this application has been filed for interim reliefs. The case of the petitioner is that on 1st March, 2011, an agreement was executed between the petitioner and the respondents for a period of three yeaRs.The said agreement would automatically be renewed on expiry of initial three yeaRs.Such renewal has been effected and accepted by the petitioner by its letter dated 19th June, 2013. Thereafter, the petitioner was also called for a discussion by the respondents. In spite of attending the said meeting, the petitioner has received a communication dated 18th Sept...
Commissioner of Income Tax, West Bengal – Ii, Calcutta Vs. M/S.Aryav ...
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.142 of 2001 COMMISSIONER OF INCOME TAX, WEST BENGAL II, CALCUTTA Versus M/S.ARYAVARTA INDUSTRIES PVT.LTD., CALCUTTA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 7th October, 2013. For Appellant : Ms.Smita Das De, Advocate For Respondent: Mr.J.P. Khaitan, Senior Advocate With Mr.S.Bhowmick and Mr.C.S. Das, Advocates The Court : The Assessing Officer opined as follows for the purpose of making protective assessment against the assessee: In view of this discussion, the relevant on money which are linked with the sales found in the books of the assessee will be protectively assessed in the hands of the assessee but the substantive assessment will be made in the hands of M/S.Bhaskar Tea Co. It is not in dispute that M/S.Bhaskar Tea Co.Limited, was substantively assessed and thereafter the assessment was challenged and ultimately, such assessment...
In the Matter of : Uma Forging Works Pvt. Ltd. Vs. in the Matter of : ...
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET CP664OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : UMA FORGING WORKS PVT.LTD.Versus IN THE MATTER OF : AMIYA KUMAR CHAKRABORTY VS REGISTRAR OF COM. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th October, 2013. Appearance : Mr.Hitendra Pramanik, Adv.Mr.Chandrani Mukherjee, Adv.The Court : 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.12,000/- 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.12,000/- to the Registrar of Companies within a fortnigh...
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