Kolkata Court October 2013 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET ACR No.4 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF: SREE SREE RADHA RAMAN JIEW DEBUTTER ESTATE AND PASHUPATI ROY & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date: 7th October, 2013 Appearance: Mr.Deepak Kumar Shome, Sr.Adv.with Mr.Nirmalya Dasgupta, Adv.Mr.Dibanath Dey, Adv..for the petitioner Mr.Aniruddha Ray, Adv.with Mr.Anujit Biswas, Adv..for the intending purchaser This is an application filed by the sebaits of the debutter estate seeking liberty to sell premises no.57A/2, Barrackpore Trunk Road, Kolkata in favour of VPH Construction. By order dated 8th July, 2013 advertisements was directed to be published once in Bartaman and once in an English edition of The Statesmen. Such publication has been effected on 6th August, 2013. In spite of such publication none has appeared on behalf of M/s.U.P. Metals & Iron Stores, who were the original lessees. As VPH Construction represented through its proprietor Mr.San...
Re:chhote Lal Gupta Vs. Registrar of Companies, W.B.
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET CP672OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE : NOVEX VINIMAY 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.96,000/- 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.96,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the company to ...
Eden Realty Ventures Pvt. Ltd. Vs. Sachchidananda Rai and ors.
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET GA NO.3122 OF2013CS NO.374 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EDEN REALTY VENTURES PVT.LTD.Versus SACHCHIDANANDA RAI & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 7th October, 2013. MR.SUDIPTA SARKAR,SR.ADVOCATE, MR.ABHRAJIT MITRA, MR.ANIRBAN RAY, MR.RAJDEEP MAJUMDAR, MR.S.GHOSH, SAMIK CHAKRABARTY, ADVOCATES FOR PETITIONER The Court : In a suit for perpetual injunction restraining the respondents from disturbing the smooth running of the plaintiff, this application has been filed for interim relief. The case of the petitioner is that it is engaged in real estate business and holds 99% share. The respondent no.1 holds approximately 27% shares. The petitioner is a successful functioning company and the respondent no.1 has been causing obstruction in its functioning, hence this application has been filed and orders sought. No notice of this application has been given to the respondents as the petitioner apprehends that st...
Commissioner of Income Tax, West Bengali, Calcutta Vs. National Engine ...
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET ITA No.187 of 1999 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, WEST BENGAL-I, CALCUTTA Versus NATIONAL ENGINEERING INDUSTRIES LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 7th October, 2013. Ms.Smita Das De, Advocate for the Appellant Mr.J.P.Khaitan, Sr.Adv., Mr.Siddhartha Das, Advocate and Mr.Asim Chowdhury, Advocate for the Respondent The Court : The only proper thing to do is to quote paragraphs 2 and 3 of the judgment of the learned Appellate Tribunal which itself would go to show that no point of law has really been raised by the Revenue. Paragraphs 2 and 3 of the Judgement of the learned Appellate Tribunal read as follows: 2. We have heard the rival submissions and gone through the material available on record. The fiRs.grievance of the department (ground Nos.1 and2) is related to the payment towards royalty and technical know how fee respectively payable ...
Re: Ram Pal Agarwal Vs. Registrar of Companies, W.B.
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET CP669OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE : TRIMURTI APPLIANCES PVT.LTD.AND RE: RAM PAL AGARWAL -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.68,000/- 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.68,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the company...
Vs. Registrar of Companies, W.B.
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET CP667OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE : EXTERIOR COMMERCIAL PVT.LTD.AND RE : RAM PAL AGARWAL - versus REGISTRAR OF COMPANIES, W.B.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th October, 2013. Appearance : Ms.M.Bhuteria, Adv.Mr.R.Basu, 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.68,000/- 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.68,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore t...
Mr. Pinaki Roy Vs. Dipali Roy and ors.
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET GA NO.2956 OF2013WITH CS NO.302 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Mr.PINAKI ROY Versus DIPALI ROY & ORS. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 7th October, 2013. Mr.D.Ghoshfor petitioner. Mr.J.Chowdhuryfor respondent nos.9,10,12,13,14,15&16. Ms.M.Bosefor respondent nos.6 &7. The Court : In a suit for partition this application has been filed for interim reliefs. The case of the petitioner is that the property in question is situated at 8B and 9, Abhoy Mitra Street, Kolkata-700 005. The respondents are commercially exploiting the said undivided property by letting out the same to various Television channels and/or film producers for a price. Hence, this application has been filed and order sought. The said application is opposed by the respondent Nos.9, 10, 12, 13, 14, 15 and 16 on the ground that the petitioner has 1/20th share in the said property and does not also reside therein. It is the portion, which is in occ...
Cristane Trading Com Pvt. Ltd. and ors. Vs. Binay Kr.Singh and anr.
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET GA NO.3117 OF2013CS NO.373 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CRISTANE TRADING Co.PVT.LTD.& ORS.Versus BINAY KR.SINGH & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 7th October, 2013. MR.SUDIPTA SARKAR,SR.ADVOCATE, MR.ABHRAJIT MITRA, MR.ANIRBAN RAY, MR.RAJDEEP MAJUMDAR, MR.A.BANERJEE, SAMIK CHAKRABARTY, ADVOCATES FOR PETITIONERS The Court : In a suit for a declaration that the minutes dated 18th September, 2013 is null and void and be cancelled, this application has been filed for interim relief. The case of the petitioners is that one Sachchidananda Rai holds 1% share in the petitioner and the respondent no.1 is his nominee. The petitioner No.1 is a 48% shareholder in Eden Realty Ventures PVT.Ltd.The respondent no.1 as a nominee of one Sachchidananda Rai is utilising his digital signature to gain control of the plaintiff no.1 thereby increase their shareholding in Eden Realty Ventures PVT.Ltd.At meeting held on 18th S...
Pawan Kumar Poddar and anr. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET WP NO.1050 OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PAWAN KUMAR PODDAR & ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 7th October, 2013. Mr.Saptangshu Basu, Sr.Adv., Mr.Sakya Sen, Adv., Mr.A.Mishra, Adv., Mr.A.Mondal, Adv., for the petitioneRs.Mr.Barin Banerjee, Adv., Ms.Tanushree Dasgupta, Adv., for the KMC. Mr.A.K.Mitra, Sr.Adv., Mr.Abhrajit Mitra, Adv., Mr.Jishnu Chowdhury, Adv., Mr.Satadeep Bhattacharya, Adv., Mr.A.K.Roy, Adv., for the respondent nos.5 and 6. The Court : Having regard to the fact that the petitioners application under Section 397 of the Kolkata Municipal Corporation Act, 1980 submitted through their Advocates letter dated August 8, 2013 remains unattended from the municipal authority since August, 2013, the petitioners have filed the instant application seeking issuance of direction upon the municipal authority for early consideration of the petitioner...
M/S. Pushkar Impex Pvt. Ltd. and anr. Vs. the Commissioner of Customs ...
Court: Kolkata
Decided on: Oct-07-2013
ORDER SHEET WP159OF2013GA2949OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.PUSHKAR IMPEX PVT.LTD.& ANR. Versus THE COMMISSIONER OF CUSTOMS (PORT).KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th October, 2013. Appearance : Mr.R.Bhardwaj, Adv.Mr.J.P. Khaitan, Sr.Adv.Mr.Kaushik Dey, Adv.The Court : Pursuant to the leave granted on 14th August, 2013, a supplementary affidavit is filed by Mr.Deys client, a copy whereof has already been served on the petitioner, which shall be kept on record. The petitioner has filed a counter-affidavit to the said supplementary affidavit, let the same be also kept on record. On perusal of the supplementary affidavit it appears that the authorities vide letter dated 19th June, 2013 demanded the documents to be submitted by the petitioner. The petitioner in the counter-affidavit contends that those have been complied with but in inspite thereof the authorities are not proceeding further. It is pointe...
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