Kolkata Court November 2013 Judgments
Fuel Sources India Private Limited Vs. Parekh Aluminex Limited and ors ...
Court: Kolkata
Decided on: Nov-29-2013
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION (ORIGINAL SIDE) Present : The Honble Justice Nadira Patherya G. A. No.2448 of 2013 C. S. No.179 of 2013 FUEL SOURCES INDIA PRIVATE LIMITED VERSUS PAREKH ALUMINEX LIMITED & ORS. For the Plaintiff : Mr. Abhrajit Mitra, Adv., Ms. Rajshree Kajaria, Adv., Mr. Jishnu Chowdhury, Adv., Mr. S. Mukherjee, Adv., Mr. S. Ghose, Adv., Ms. Sonia Sharma, Adv. For the Defendants : Mr. Pratap Chatterjee, Adv., Miss. Pooja Das Chowdhury, Adv., Mr. P. K. Jewrajka, Adv., Mr. Suman Dutta, Adv., Mr. Aryak Dutta, Adv., Mr. Dipankar Das, Adv. Heard on :26. 8.13, 27.8.13, 29.8.13, 3.9.13, 9.9.13, 12.9.13, 13.9.13, 16.9.13, 20.9.13 & 23.9.13. Judgment on :29. h November, 2013. Patherya J.: This is an application filed by the defendant No.1 under Order 7 Rule 11 CPC for rejection of the plaint filed in C.S. 179 of 2013 and for revocation of leave granted under Clause 12 of the Letters Patent. The case of the applicant/defendant No.1 is that the pl...
Tag this Judgment!Thakur Sree Sree Iswar Baladev Jew and ors. Vs. Sailendra Lal Mitra an ...
Court: Kolkata
Decided on: Nov-29-2013
ORDER SHEET GA3055of 2013 CS4575of 1950 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THAKUR SREE SREE ISWAR BALADEV JEW AND ORS.Versus SAILENDRA LAL MITRA AND ORS.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 29th November, 2013. Appearance: Mr.S.talukder, Sr.Adv.Ms.H.Chakraborty, Adv.Mr.A.chakraborty, Adv..for Tejpur Vanijya LTD.Mr.Subhajit Panja, Adv..for Official Receiver Mr.R.L.Mitra, Adv.Mr.D.Mitra, Adv.The Court: The prayer was made on behalf of the Official Receiver for adjournment. However, upon perusing the petition and hearing learned Counsel appearing for the various parties, this Court feels that an order can be passed in terms of some of the prayers in the absence of the Official Receiver as such prayers do not concern the Official Receiver and he cannot have any say regarding the same. Having considered the facts and circumstances of the case and the submission made by the learned Counsel it appears that all the learned Counsel are...
Tag this Judgment!Soumyendra Roy Choudhury Vs. Uco Bank and ors.
Court: Kolkata
Decided on: Nov-29-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen G.A.No.1826 of 2013 C.S.212 of 2013 SOUMYENDRA ROY CHOUDHURY Versus UCO BANK & ORS.For the petitioner : Mr.Mr.Mr.Mr.S.B.Mukherjee, Sr.Adv.S.N.Mookherjee, Sr.Adv.Ratnanko Banerjee T. Aich For the respondent : Mr.Mr.Mr.Mr.Aninda Kr. Mitra, Sr.Adv.Utpal Bose Debdutta Sen Sourjya Roy Heard on : 05.07.2013, 06.09.2013, 13.09.2013, 27.09.2013, 03.10.2013, 08.10.2013 Judgment on : 29th November, 2013 Soumen Sen, J.:- The decision of the Nomination Committee rejecting the nomination of the petitioner for the election to the Board of the respondent UCO Bank under the category of a shareholder director is the subject matter of challenge in this application. The instant case has a chequered history. Initially, the plaintiff has filed an application being C.S.No.159 of 2011 in which the plaintiff has challenged a notice dated 6th July, 2011, of the defendant bank to withdraw Agenda No...
Tag this Judgment!Jay Shree Tea and Industries Limited Vs. General Magnets Limited
Court: Kolkata
Decided on: Nov-29-2013
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Acting Chief Justice Ashim Kumar Banerjee And The Honble Justice Debangsu Basak A.P.D. No.18 of 2010 C.S. No.17 of 2001 Jay Shree Tea & Industries Limited Vs. General Magnets Limited For the Appellant : Mr. Samit Talukdar, Senior Advocate Mr. Suman Dutta, Advocate For the Respondent : Mr. Anindya Kumar Mitra, Senior Advocate Mr. Dhruba Ghosh, Advocate Mr. Abhrajit Mitra, Advocate Mr. P.K. Saraogi, Advocate Heard on : November 7, 12, 13, 18, 19 and 20, 2013 Judgment on : November 29, 2013 ASHIM KUMAR BANERJEE, ACJ.General Magnets Limited was the owner of a plot of land situated at Rampur, Budge Trunk Road 24 parganas (South). On the said land, a godown measuring about 63756 square feet was given to Jay Shree Tea and Industries Limited the appellant above named on monthly tenancy by the respondent. The tenancy agreement was subsisting since 1966. The rent was time to time enhanced....
Tag this Judgment!Manav Investment and Trading Co. Ltd. and Others. Vs. State of West Be ...
Court: Kolkata
Decided on: Nov-29-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.2313 of 2013 With APOT No.365 of 2013 WP No.827 of 2013 MANAV INVESTMENT & TRADING Co.LTD.& OTHERs.Versus STATE OF WEST BENGAL & ANOTHER. BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE AND The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : November 29, 2013. Mr.S.N. Mookherjee Ms.Anshumal Bansal Mr.S.Chowdhury Mr.J.Chowdhury ..for the appellant. Mr.Bimal Kumar Chatterjee Mr.Abhrotosh Majumder ..for the respondents. The Court :-When this matter is taken up for hearing Mr.Bimal Kumar Chatterjee, learned Advocate General appears and submits, on instructions, that Government has decided to vacate the suit premises. However, he prays for some time to obtain an alternative accommodation for the offices located in the disputed premises. Mr.Chatterjee prays for one years time. Mr.Soumendra Nath Mookherjee, learned senior advocate appearing on behalf of the appellant, however, submits that the period of requisition of ...
Tag this Judgment!Srei Equipmentfinance Private Limited Vs. Rangara Industries Private L ...
Court: Kolkata
Decided on: Nov-29-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP AP AP AP AP AP AP AP SREI EQUIPMENT848OF2012849 OF2012850 OF2012851 OF2012853 OF2012854 OF2012855 OF2012857 OF2012FINANCE PRIVATE LIMITED Versus RANGARA INDUSTRIES PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 29th November, 2013. Mr.S.Banerjee, Adv.appeaRs.Mr.Sakya Sen, Adv.appeaRs.The Court : The Receivers in these matters have taken possession of eight cranes out of the 25 assets financed under the agreements. A solitary offer of Rs.2.70 crore has been received from Durga Crane Services of Hyderabad for one of the cranes for which offers have been invited by the ReceiveRs.The matter had been adjourned at the behest of the respondents since it was represented on behalf of the respondents that a better offer for the crane would be brought. better offer now. The respondents say that they are unable to bring a The sale of the solitary crane for which an offer has been rec...
Tag this Judgment!In Calcutta,(Public) and anr. Vs. Union of India, Through Secretary,
Court: Kolkata
Decided on: Nov-29-2013
ORDER SHEET WP4612013 GA25662013 GA26902013 CC702013 GA20452013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PEOPLE UNITED FOR BETTER LIVING IN CALCUTTA,(PUBLIC) & ANR. Versus UNION OF INDIA, THROUGH SECRETARY, MIN. OF ENVIRON.AND FORES BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE, ACJ. The Hon'ble JUSTICE DEBANGSU BASAK Date : 29th November, 2013. Appearance : Mr.Siddhartha Mitra, Senior Advocate, Mr.Dhruba Ghosh, Advocate, Mr.Varun Kedia, Advocate for the petitioneRs.Mr.Jayanta Mitra, Senior Advocate, Mr.Jishnu Saha, Advocate, Mr.Debnath Ghosh, Advocate, Mr.Shounak Mitra, Advocate, for M/s Ultratech Cement LTD.Mr.Jaydip Kar, Advocate, Mr.Rudraman Bhattacharya, Advocate, Mr.Uttiyo Mallick, Advocate, Mr.Arnab Dutta, Advocate, Mr.Rohit Chowdhury, Advocate, Mr.Sourav Mukherjee, Advocate, for Priya Food Products (P) LTD.Mr.Pradip Kumar Dutta, Senior Advocate, Mr.S.Ghosh Dastidar, Advocate, Ms.Sankari Roy, Advocate, for Unnayan Group. Mr.Sabyasachi Cha...
Tag this Judgment!Rama Kant Burman Vs. Board of Trustees for the Port of Kolkata and ors
Court: Kolkata
Decided on: Nov-29-2013
ORDER SHEET W.P.No.33 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAMA KANT BURMAN Versus BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 29th November, 2013. Appearance : Mr.Bikash Ranjan Bhattcharyya, Sr.Adv.Mr.Soumya Majumder, Adv. for the petitioner Mr.Partha Sengupta, Adv.Mr.A.Ghosh, Adv. for the respondents. The Court : On 22nd January, 2013, Sambuddha Chakrabarti, J. passed an interim order in this writ on the following terms :After hearing Mr.Majumder, Mr.Sengupta and after going through the petition I find that the balance of convenience and inconvenience lies in favour of giving liberty to the respondents to proceed with the enquiry pending against the writ petitioner but no final order or any order finally affecting the right of the petitioner shall be passed except without the leave of the Court. All questions raised by the writ petitioner about the maintainability of the enquiry are kept...
Tag this Judgment!Sandip Pyne Vs. Asrukanti Ghosh
Court: Kolkata
Decided on: Nov-29-2013
CC103of 2013 WP706of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE SANDIP PYNE Versus ASRUKANTI GHOSH BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th November, 2013. For the contemnor : Mr.Barin Banerjee,Advocate Mr.Gopal Chandra Das,Advocate Mr.Debangshu Mondal,Advocate The Court : - The learned Counsel representing the Corporation submits that the concerned authorities of the Corporation were under the impression that since a notice under Section 401 has already been issued and steps have already been taken, there would be no need to consider the application for repairing. If they were in any doubt, it was for the authorities to approach this Court for clarification. In fact, the day when the order was passed, prior thereto a notice under Section 401 was issued and this Court being mindful of the said notice, directed the authorities to consider the application for repairing and to ascertain whether under the garb of any repairing new construction is raised and whether for such...
Tag this Judgment!Prapti Distributor Pvt. Ltd. Vs. Panasonic India Pvt. Ltd.
Court: Kolkata
Decided on: Nov-29-2013
ORDER SHEET GA3032of 2013 CS343of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRAPTI DISTRIBUTOR PVT.LTD.Versus PANASONIC INDIA PVT.LTD.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 29th November, 2013. Appearance: Mr.Abhrajit Mitra, Adv.Mr.Rishad Medora, Adv.The Court: By a letter dated 3rd April, 2012 the defendant appointed the plaintiff as Panasonic distributor for the entire basket of Air conditions Refrigerator Division products for North Bengal and Sikkim with effect from that day. It was stated that the territory that will be under the plaintiff is Malda, North Dinajpur, South Dinajpur, Coochbihar, Jalpaiguri, Darjeeling and Sikkim State. It was further stated in the letter of appointment that the plaintiff would be the only official distributor for the aforementioned territory. By an e-mail dated 25th July, 2013 the appointment of the plaintiff was terminated by the defendant. It is the grievance of the plaintiff that huge stocks ...
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