Kolkata Court October 2013 Judgments
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Ltd. Vs. Uco Bank and anr.
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET GA No.3045 of 2013 GA No.2913 of 2013 CS No.341 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PICASONA RAIL ENGINEERS & PROJECTS PVT.LTD.Versus UCO BANK & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 3rd October, 2013. Mr.Joydip Kar, Mr.Rudraman Bhattacharyya for the plaintiff. Mr.Utsav Mukherjee, Mr.S.Bhattacharyya for the defendant no.2/applicant. The Court : G.A.3045 of 2013 has been filed by the respondent no.2 for vacating the order dated 23rd September, 2013. The reason for such vacating is that the bank guarantee dated 2nd November, 2011 is not only unconditional but also irrevocable. The said bank guarantee was issued against the advance given by the respondent no.2 to the petitioner herein. The bank guarantee in terms was to be honoured by the respondent no.1 without demur on demand being made and such demand was to be conclusive and binding. No fraud or irretrievable injustice has been pleaded in the petition filed. By letter dated...
Concept Ventures Private Limited and anr. Vs. the Kolkata Municipal Co ...
Court: Kolkata
Decided on: Oct-03-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Jyotirmay Bhattacharya W.P.No.828 of 2013 Concept Ventures Private Limited & Anr. -VsThe Kolkata Municipal Corporation & ORS.Appearance: Mr.Sakti Nath Mukherjee, Senior Advocate Mr.Bikash Ranjan Bhattacharya, Senior Advocate Mr.Arindam Banerjee, Advocate Mr.Sandip Agarwal, Advocate Mr.Ashis Kumar Mukherjee, Advocate ..For the petitioners Mr.Biswajit Mukherjee, Advocate Mr.Gopal Chandra Das, Advocate Mr.Debangshu Mondal, Advocate .For the KMC Heard on: 20.09.2013,26.09.2013,27.09.2013. Judgment On : 3rd October , 2013 The petitioner No.1, namely, M/S.Concept Ventrues PVT.LTD.became the owner of the entire 15th floor, measuring about 9069 sq. ft. at Om Tower, 32 Chowringhee Road, Calcutta-700071, (hereinafter referred to as the said property) by virtue of the terms of settlement filed in CS472of 1998 which formed part of the compromise decree passed by the Honble High Court. After bei...
icici Bank Ltd. and anr. Vs. Chairperson, Debts Recovery Appellate
Court: Kolkata
Decided on: Oct-03-2013
WP No.1011 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ICICI BANK LTD.& ANR. Versus CHAIRPERSON, DEBTS RECOVERY APPELLATE TRIBUNAL, KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 3rd October, 2013. Appearance: Mr.Hirak Mitra, Sr.Adv.Mr.Ratnanko Banerji, Adv.Mr.Anindya Mitra, Sr.Adv.Mr.Abhrojit Mitra, Adv.Mr.Soumava Ghosh, Adv.The Court : The petitioner bank complains of an unreasoned order of stay passed by the Debts Recover Appellate Tribunal, New Delhi, which is in temporary charge of the appellate tribunal in Kolkata since the Kolkata tribunal is unmanned. The bank claims that the bank has a claim in excess of Rs.287 crore against the third respondent who has executed a deed of guarantee in connection with the credit facilities granted by the bank to the second respondent. One of the clauses in the document of guarantee provides that the guarantor would not leave India for employment or business or for long-term stay abroad so long as any...
Poddar Projects Ltd. Vs. Central Bank of India
Court: Kolkata
Decided on: Oct-03-2013
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION (ORIGINAL SIDE) Present : The Honble Justice Nadira Patherya G.A.No.510 of 2013 C.S.No.374 of 2012 PODDAR PROJECTS LTD.VERSUS CENTRAL BANK OF INDIA For the Plaintiff : Mr.Abhrajit Mitra, Adv., Mr.Jishnu Chowdhury, Adv., Mr.Sarvapriya Mukherjee, Adv., Mr.Soumabho Ghose, Adv.For the Central Bank : Mr.Ranjit Jaiswal, Adv., of India Mr.Gautam Chakraborty, Adv.Heard on : 13.6.13, 30.7.13, 13.8.13 & 4.9.13. Judgment on : 3rd October, 2013. Patherya J. : In a suit for eviction this application has been filed under Chapter XIIIA of the Original Side Rules of this High Court for final judgment and decree for recovery of vacant and peaceful possession and for determination of mesne profit. The case of the plaintiff petitioner is that in October, 1999 a lease was executed between the parties for a period of 5 yeaRs.The said lease could be renewed by enhancement of rent, execution of lease deed and notice by the defendant intimatin...
Malvika Foundation and ors. Vs. Eiilm Foundation and ors.
Court: Kolkata
Decided on: Oct-03-2013
GA No.3063 of 2013 GA No.2176 of 2013 CS No.251 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MALVIKA FOUNDATION AND ORS.-VersusEIILM FOUNDATION AND ORS.Appearance: Mr.Surojit Nath Mitra, Sr.Adv.Mr.Deepak Jain, Adv...for the plaintiff. Mr.Hirak Mitra, Sr.Adv.Mr.Tilok Bose, Sr.Adv.Mr.Debjyoti Basu, Adv.Mr.Vijaya Bhatia, Adv.Mr.Ganesh Prasad Shaw, Adv...for the defendant Nos.1, 2, 4 & 5. Mr.R.L.Mitra, Adv.Mr.P.Dhar, Adv...for the defendant No.6. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 3rd October, 2013. The Court : It is only for survival of the subject institute that a committee was appointed by order dated 5th August, 2013. the The three-member committee consisted of a representative of petitioner, a representative independent representative. documents have the respondents and an Meetings have been held by the three member committee from time to time. certain of been On behalf of the respondents placed before the three-member committee and...
Maheswary Ispat Ltd and ors. Vs. State Bank of Patiala and ors.
Court: Kolkata
Decided on: Oct-03-2013
WP No.865 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MAHESWARY ISPAT LTD & ORS.Versus STATE BANK OF PATIALA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 3rd October, 2013. Appearance: Mr.D.Basak, Adv.Mr.J.Chowdhury, Adv..for the petitioners Mr.Shiv Mangal Singh, Adv..for the respondents The Court : The grievance of the petitioners is that the petitioners have been branded as wilful defaulters and their names brandished on the CIBIL and other websites without the respondent bank following the procedure under the relevant Reserve Bank of India Master Circular. The petitioners received a notice of January 17, 2013 informing the petitioners that the bank proposed to place the names of the petitioners on the list of wilful defaulters and advising the petitioners that a representation could be made by them to the Grievance Redressal Committee of the bank. The petitioners issued a reply on February 2, 2013 questioning the basis of the form...
Rampur Wires Pvt. Ltd. Vs. Oriental Bank of Commerce and anr.
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET GA NO.3046 OF2013CS NO.225 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAMPUR WIRES PVT.LTD.Versus ORIENTAL BANK OF COMMERCE AND ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 3rd October, 2013. MR.UTPAL BOSE, MR.D.BASAK, MR.S.ROY, ADVOCATES FOR PLAINTIFF MD.NASIRUDDIN, MD.RAHMAN, MD.ABID JAMAL ADVOCATES FOR RESPONDENT NO.1 MR.P.S.BOSE,SR.ADVOCATE FOR RESPONDENT NO.2 The Court : In a suit for a declaration that two bank guarantees both dated 7th March, 2011 are illegal and void, this application has been filed for interim reliefs. The claim of the plaintiff is that on an earlier occasion the bank guarantees were invoked and a restraint order was passed on 9th July, 2013. On 15th July, 2013, the interim order was confirmed on appearance of the respondents and on its submission that the invocation was not in terms of the bank guarantee, thereafter, a letter was written by the plaintiff on 15th July, 2013 to the defendant no.2 alleg...
Kent Ro Systems Limited and anr. Vs. Sandeep Agarwal and anr.
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET GA No.3074 of 2013 CS No.363 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction KENT R-O SYSTEMS LIMITED & ANR. Versus SANDEEP AGARWAL & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 3rd October, 2013. Mr.Ranjan Bachawat, Mr.Rudraman Bhattacharyya, Mr.A.P. Agarwalla for the petitioner. The Court : In a suit for perpetual injunction restraining infringement of the plaintiffs design this application has been filed for interim reliefs. The case of the petitioner is that it is registered in design no.224813 since 24th February, 2010. As the application was filed on 23rd September, 2009 the registration will date back to 23rd September, 2009. Therefore, the design is registered since 23rd September, 2009. The said design is identified with the product of the petitioner viz. water purifier. Recently the petitioner has come to know that the respondents are also marketing water purifiers similar in design to that of the petitioner. As a registered design ...
Kalidas Mukherjee Vs. Coal India Limited and Others
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET WP No.334 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KALIDAS MUKHERJEE Versus COAL INDIA LIMITED AND OTHERS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd October, 2013. Appearance: Mr.Partha Ghosh, Advocate for the petitioner Mr.R.N.Majumdar, Advocate Mr.Susanta Pal, Advocate for the respondents Mr.Asraf Ali, Advocate for CBI The Court: The order of the General Manager dated 22nd February, 2013, is under challenge. This consideration was made further to an order dated 12th October, 2012, made by this Court in WP No.3987(W) of 2008 (Kalidas Mukherjee versus Eastern Coalfields LTD.& Ors.).The petitioner is a land loser claiming employment with the respondent Eastern Coalfields LTD.in accordance with the alleged terms or the policy under which the land was taken over by the Eastern Coalfields LTD.The only reason for rejection of the claim of the writ petitioner was that this case was under investigation by the CBI. During hearing o...
Commissioner of Income Tax, West Bengal – Vi, Calcutta Vs. M/S. Likh ...
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.97 of 2001 COMMISSIONER OF INCOME TAX, WEST BENGAL VI, CALCUTTA Versus M/S.LIKHANI TRADING & MFG. Co.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 3rd October, 2013. For Appellant : Md.Nizumuddin, Advocate For Respondent: Mr.J.P. Khaitan, Senior Advocate With Mr.A.Chatterjee and Mr.C.S. Das, AdvocateS The Court : (i) Whether on the facts and in the circumstances of the case Income Tax Appellate Tribunal was justified in law in upholding the Commissioner of Income Tax (Appeals) order in deleting the entire addition of Rs.52,28,540/- made by the Assessing Officer under section 68 of the Income Tax Act, 1961, out of the alleged contribution of the share capital of the assessee company to the extent of Rs.74,40,000/Report on dealing the with basis the of share Assessing capital Officers to the Remand extent of Rs.13,50,000/- only ?. (ii) Whe...
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