Kolkata Court November 2013 Judgments
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The Divisional Manager, National Insurance Company Ltd, Vs. Ashutosh R ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Nov-12-2013
J. Bag, Ld. Member: The present appeal is directed against the order of the Ld. District Consumer Disputes Redressal Forum, Uttar Dinajpur , dated 06.03.12 in C.C. Case No. 26/2010 whereby Ld. Forum below allowed the complaint on contest against OPs with cost. The complaint case, in brief, was as follows: The Complainant, Ashutosh Roy, who was covered by a Group Janata Personal Accident Policy (No 100300/47/01/9600022/02/96/30414 , valid from 08.03.2003 to 07.03.2015 ) , became the victim of a road traffic accident that occurred on 29.01.2009 when he was on board a bus bearing No. BR-11/D-6613 moving from Kishanganj , Bihar, towards Suryapur (W.B). After the accident he was taken to Kanki BPHC and then to Sub-Divisional Hospital , Islampur , for treatment and thereafter he was further referred to NBMC and Hospital for better treatment. He was treated also at Paramount Hospital (P) Ltd. at Siliguri. During the course of treatment and thereafter, hospital authority found 75% disability i...
The Regional Manager, the General Manager, Bajaj Allianz General Insur ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Nov-12-2013
Debasis Bhattacharya, Member: This appeal is directed against the Order dated 08.07.2011 in Case No. 109/2010, passed by the Ld. District Forum, Nadia. By the impugned Order, the Ld. District Forum has decreed the case on contest against the OPs, entitling the Complainant to get Rs.3,83,495/- (Rupees four lakh eightythree thousand four hindered ninetyfive) from the OP Nos. 1 and 2. Being aggrieved and dissatisfied with the same, the OP Nos. 1 and 2 thereof have preferred this appeal. The case of the Complainant, in a nutshell, is that he purchased one Matador Swaraj Mazda at Rs.6,34,272/-, which was financed by OP No.3 and the vehicle was registered vide No. WB-37B/6172. He insured the vehicle with the OP No.1 being Policy No. OG-09-9995-1803-00183416 at I.D.V. of Rs.6,02,500/- (Rupees six lakh two thousand five hundred) for the period from 31.03.2009 to 30.03.2010. The said vehicle met with an accident on 04/05.12.2009 at 12.30A.M., which was registered as F.I.R. No.604/09 dated 05.12...
Pharma Force Lab and anr Vs. Kepler Healthcare Pvt.Ltd. and ors.
Court: Kolkata
Decided on: Nov-08-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TA No.101 of 2013 T No.250 of 2013 GA No.of 2013 CS No.of 2013 PHARMA FORCE LAB & ANR Versus KEPLER HEALTHCARE PVT.LTD.& ORS.T No.252 of 2013 TA No.104 of 2013 GA No.of 2013 CS No.of 2013 SIRMOUR REMEDIES (P) LTD.& ANR. Versus KEPLER HEALTHCARE PVT.LTD.& ORS.T No.253 of 2013 TA No.105 of 2013 GA No.of 2013 CS No.of 2013 MEDIFORCE HEALTHCARE PVT LTD.& ANR. Versus KEPLER HEALTHCARE PVT.LTD.& ORS.T No.251 of 2013 TA No.102 of 2013 GA No.of 2013 CS No.of 2013 MANKIND PHARMA LTD.& ANR. Versus KEPLER HEALTHCARE PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th November, 2013. Appearance:Mr.Pratap Chatterjee, Sr.Adv., Mr.Debal Banerjee, Sr.Adv., Mr.Ranjan Bachawat, Adv., Mr.Atish Ghosh, Adv., Mr.Ravi Kapoor, Adv., Mr.Sayantan Basu, Adv., Mr.Prithviraj Sinha, Adv., Mr.Hemant Daswani,Adv., Mr.Arindam Chandra, Adv.Mr.Niladri Bhattacharjee, Adv.Mr.Rudraman Bhattacharya, Adv., ..for the plain...
Bhandari Builders Ltd. Vs. Hindustan Steel Works Construction Ltd. and ...
Court: Kolkata
Decided on: Nov-08-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No.2917 of 2013 With CS No.610 of 2001 BHANDARI BUILDERS LTD.Versus HINDUSTAN STEEL WORKS CONSTRUCTION LTD.& ANR. GA No.2846 of 2013 With CS No.611 of 2001 BHANDARI BUILDERS LTD.Versus HINDUSTAN STEEL WORKS CONSTRUCTION LTD.& ANR. GA No.2916 of 2013 With CS No.613 of 2001 BHANDARI BUILDERS LTD.Versus HINDUSTAN STEEL WORKS CONSTRUCTION LTD.& ANR. GA No.2915 of 2013 With CS No.616 of 2001 BHANDARI BUILDERS LTD.Versus HINDUSTAN STEEL WORKS CONSTRUCTION LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th November, 2013. Appearance: Mr.Debabrata Roy Chowdhuri, Sr.Adv.Mr.Bijon Majumder, Adv.Mr.Jayanto Dutta, Adv..for the plaintiff. Mr.Supriyo Bose, Adv.Mr.S.N.Ghosh, Adv..for the defendant no.1. The Court: By consent of the parties the aforesaid matters are taken up on mentioning. The learned Advocate on Record of the plaintiff was directed by an order dated 30th September, 2013 to supply ...
M/S. Saila Motors Pvt. Ltd. Vs. Sunil Kumar Banka and ors.
Court: Kolkata
Decided on: Nov-08-2013
GA No.2322 of 2013 CS247of 2005 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE M/S.SAILA MOTORS PVT.LTD.VERSUS SUNIL KUMAR BANKA & ORS.BEFORE : THE HONBLE JUSTICE SOUMEN SEN DATE : 8TH NOVEMBER,2013. For the petitioner : Mr.Shiv Shankar Banerjee,Advocate Mr.Debmalya Ghosal,Advocate Mr.R.Mazumdar,Advocate For the respondents : Mr.Siddharta Banerjee,Advocate Mr.Sabyasachi Sen,Advocate Mr.Deb Kumar Sen,Advocate THE COURT :- This is an application for recalling of an ex parte decree dated 2nd April,2009. In the application the petitioner has prayed for condonation of delay of 1550 days in filing the said application. The petitioner states that on 14th November,2005 the writ of summons was served upon the original defendant who had entered appearance through his learned Advocate-on-Record in order to contest the proceeding. The original defendant had also filed an application on 25th May,2006 in GA No.1253 of 2006 praying for an extension of time to file the written statement. During the pende...
Smt Purabi De and ors. Vs. Aloke Kr. Dutta and ors.
Court: Kolkata
Decided on: Nov-08-2013
ORDER SHEET GA No.2871 of 2013 With CS No.413 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT PURABI DE & ORS.Versus ALOKE KR. DUTTA & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 8th November, 2013. Appearance: Mr.K.K.Baral, Adv.for the plaintiff Mr.Ashok Basu, Adv.Mr.Purnendu Das, Adv.for the defendant Mr.Biswajit Ghosh, Adv.for the defendant no.20 Mr.Goutam Chakraborty, Adv.Receiver. The Court : Leave is granted to the plaintiff to file a supplementary affidavit with copies to all concerned. Such affidavit is filed in which the indenture of lease dated 29th June, 2005 is annexed. I find from that lease that Standard Chartered Bank had obtained lease from the Joint Receivers in this suit. Particularly in recitals A and B of that document, the capacity of the Joint Receivers has been stated, that 23 persons together are the owners of the demise. Mr.Ghosh appearing on behalf of the bank is directed to find a solution to the problem. ...
M G Properties Vs. VipIn Bhimani
Court: Kolkata
Decided on: Nov-08-2013
ORDER SHEET APO NO.110 OF2013CS NO.135 OF2011IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M G PROPERTIES Versus VIPIN BHIMANI BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE, ACJ. The Hon'ble JUSTICE DEBANGSU BASAK Date : 8th November, 2013. Mr.Debnath Ghosh, Advocate Mr.Sanjay Ginodia, Advocate Mr.S.Dutta Majumder, Advocate for the appellant. Mr.Sakya Sen, Advocate for the respondent. The Court : The parties entered into an agreement for development of a property. The respondent would contend, he was instrumental in getting the plan sanctioned in the name of the owner. He deposited a sum of Rs.25 lakhs with the Kolkata Municipal Corporation on behalf of the owner. Such statement is not seriously disputed by the appellant. The appellant being the owner of the property would however, contend, the agreement was given a go-bye and construction was made by the owner and not by the respondent. The learned single Judge, while considering the prayer for injunction...
Siba Prasad Datta Majumdar Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Nov-08-2013
ORDER SHEET APOT NO.216 OF2013GA NO.1384 OF2013WP NO.69 OF2013IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SIBA PRASAD DATTA MAJUMDAR Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE, ACJ. The Hon'ble JUSTICE DEBANGSU BASAK Date : 8th November, 2013. Mr.Soumya Majumder, Advocate for the appellant. Mr.Alok Banerjee, Advocate Mr.Pradyut Kumar Das, Advocate Mr.S.Chatterjee, Advocate for the respondent nos.1, 2 and 3. Mr.L.K.Chatterjee, Senior Advocate Mr.Arindam Sen, Advocate for the respondent nos.4 and 5. The Court : The appellant approached the learned single Judge with two fold prayers i.e., setting aside of the order of penalty imposed by the disciplinary authority so merged in the order of the appellate authority and denial of promotion/appointment by the bureau of public enterprise. The learned Judge found the writ petition lacking territorial jurisdiction. His Lordship dismissed the same resulting in the present appeal at the...
Morgan Milton Pvt Limited Vs. Artistery House Private Limited
Court: Kolkata
Decided on: Nov-08-2013
1 ORDER SHEET APD No.343 of 2012 CS No.65 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MORGAN MILTON PVT LIMITED Versus ARTISTERY HOUSE PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE DEBANGSU BASAK Date : 8th November, 2013. Appearance: Mr.Reetobroto Mitra, Mr.Soumava Roychowdhury Mr.Abhijit Sarkar, ld. Advocates For the appellant. Mr.Abhrajit Mitra, Mr.Jishnu Chowdhury, Mr.Sudip Dasgupta, ld. Advocates For the respondent. The Court :- This appeal would arise out of a judgment and order, which is culminated in a decree for eviction in an application filed under Chapter XIIIA of the High Court Original Side Rules at the instance of the respondent. We have heard Mr.Reetobroto Mitra, learned Counsel appearing for the appellant. We have also heard Mr.Abhrajit Mitra, learned Counsel being ably assisted by Mr.Jishnu Chowdhury, respondent. learned Counsel appearing for the It is an admitted position, the tenan...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Nov-08-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE CP329of 2013 M/S.JAWALA STEEL LTD.AND B.N.S. ENTERPRISE BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th November, 2013. Ms.Darshana Sett, Advocate Mr.R.Ginodia, Advocate for petitioner The Court :-On the prayer of the company the direction for filing affidavit was passed. The time to file opposition was subsequently extended subject to the payment of the costs on 8.7.2013. The learned Advocate appearing for the petitioner submits that neither the costs is paid nor the opposition is served upon the learned Advocate-on-record of the petitioning creditor. The claim made in this winding up petition relates to the default in payment of the amount for the goods sold and delivered. The statutory notice is also not replied. The delivery challans as well as the invoices annexed to this winding up petitions shows that the goods were received by the company without any demur or protest. This Court, therefore, presu...
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