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Kolkata Court November 2013 Judgments

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Nov 27 2013

Naffar Chandra Jute Mills Ltd and anr Vs. Kolkata Municipal Corporatio ...

Court: Kolkata

Decided on: Nov-27-2013

WP918of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE NAFFAR CHANDRA JUTE MILLS LTD AND ANR Versus KOLKATA MUNICIPAL CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th November, 2013. For the petitioners : Mr.Sakya Sen,Advocate Mr.Debdut Mukherjee,Advocate Ms.Pritha Basu,Advocate For the Kolkata Municipal Corporation : Mr.Achintya Banerjee,Advocate Mr.Mukundulal Sarkar,Advocate Mr.Jayanta Narayan Mahanti,Advocate The Court : - A person, who has not appeared before the Corporation authority concerned, in spite of repeated notices and the matter was adjourned five times in order to enable the petitioner to appear and raise objection, cannot be heard at this stage to say that the Corporation has acted illegally in putting up a defaulters notice at the suit premises. The petitioner cannot be heard to say that there is a violation of the principles of natural justice. The petitioner cannot claim that he has only selective knowledge about some of the orders passed in t...


Nov 27 2013

Circus Avenue Properties Pvt. Ltd. and anr. Vs. Kolkata Municipal Corp ...

Court: Kolkata

Decided on: Nov-27-2013

WP919of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE CIRCUS AVENUE PROPERTIES PVT.LTD.& ANR. Versus KOLKATA MUNICIPAL CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th November, 2013. For the petitioners : Mr.Debdut Mukherjee,Advocate Ms.Pritha Basu,Advocate For the Kolkata Municipal Corporation : Mr.Achintya Banerjee,Advocate Mr.Mukundulal Sarkar,Advocate Mr.Jayanta Narayan Mahanti,Advocate The Court : - A person, who has not appeared before the Corporation authority concerned, in spite of repeated notices and the matter was adjourned five times in order to enable the petitioner to appear and raise objection, cannot be heard at this stage to say that the Corporation has acted illegally in putting up a defaulters notice at the suit premises. The petitioner cannot be heard to say that there is a violation of the principles of natural justice. The petitioner cannot claim that he has only selective knowledge about some of the orders passed in the proceeding. Howev...


Nov 26 2013

L and T Finance Ltd. Vs. Saradha Construction Co. Pvt. Ltd. and anr.

Court: Kolkata

Decided on: Nov-26-2013

AP No.643 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus SARADHA CONSTRUCTION Co.PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 26th November, 2013. Appearance: Mr.P.Sinha, Adv.The Court : The respondents are not represented despite previous service. The Receiver appointed in the matter has obtained possession of two of the 32 vehicles covered by the agreement. Offers had been invited for sale of the two vehicles whereupon the best offer for the Maruti Omni vehicle is of Rs.1.45 lakh and the best offer for the Scorpio is Rs.5.55 lakh. The petitioner says that the Omni is valued at Rs.1.40 lakh and the Scorpio at Rs.6 lakh. Subject to the entire payment being made by the purchaser within a period of four weeks from date, the sale of the two cars stands confirmed in favour of Sudip Mimani of Goenka Road, Darjeeling at the offered prices. The Receiver need not travel to make over possession of the vehicl...


Nov 26 2013

Ezeego One Travel and Tours Ltd. Vs. Blue Bird Leisure and Holidays Lt ...

Court: Kolkata

Decided on: Nov-26-2013

1 CS99of 2013 GA No.3237 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE EZEEGO ONE TRAVEL AND TOURS LTD.VERSUS BLUE BIRD LEISURE AND HOLIDAYS LTD.BEFORE : THE HONBLE JUSTICE SOUMEN SEN DATE : 26TH NOVEMBER,2013. Ms.H.Chakraborty,Advocate appeaRs.The Court :- The defendant admits that the writ of summons was served upon the defendant on 18th April,2013 and the defendant had entered appearance in the matter on or about 24th April,2013, but the defendant could not file the written statement by 9th May,2013 as the defendant was involved in various proceedings initiated by the plaintiff in various Courts and Tribunals in different States. The defendant states that in view of pendency of such matteRs.the defendant could not collect all the papers and, accordingly, prepare the written statement. This application is opposed by the plaintiff stating that the averments made in the petition should not be accepted and no opportunity should be given to the defendant to contest this proceeding....


Nov 26 2013

Government of West Bengal and Another Vs. Chatterjee Petrochem (Maurit ...

Court: Kolkata

Decided on: Nov-26-2013

ORDER SHEET In the High Court at Calcutta Civil Appellate Jurisdiction ORIGINAL SIDE GA No.3404 of 2013 with APO186of 2013 CS No.152 of 2012 GOVERNMENT OF WEST BENGAL & ANOTHER Versus CHATTERJEE PETROCHEM (MAURITIUS) COMPANY AND OTHERS GA No.1607 of 2013 APO186of 2013 with CS No.152 of 2012 GOVERNMENT OF WEST BENGAL & ANOTHER Versus CHATTERJEE PETROCHEM (MAURITIUS) COMPANY AND OTHERS GA No.1609 of 2013 APO187of 2013 with CS No.152 of 2012 HALDIA PETROCHEMICALS LIMITED Versus CHATTERJEE PETROCHEM (MAURITIUS) COMPANY AND OTHERS BEFORE: The Honble JUSTICE SUBHRO KAMAL MUKHERJEE And The Honble JUSTICE ASIM KUMAR MONDAL DATE: November 26, 2013. For Government of West Bengal: Mr.Bimal Chatterjee, Mr.Mayank Mishra, Mr.Manoj Kumar Tiwari. For the West Bengal Industrial Development Corporation: Mr.S.K.Kapur, Mr.Ravi Kapur, Mr.Amal Gupta, Mr.Sanjoy Ginodia. For Haldia Petrochemicals Ltd.: Mr.Pratap Chatterjee, Mr.Jishnu Saha, Mr.Sayan Roy Chowdhury, Mr.Aditya Garodia. For Chatterjee Petrochem (M...


Nov 26 2013

Tara Sankar Ganguli Vs. Narendra Prosad Pandey

Court: Kolkata

Decided on: Nov-26-2013

GA No.2210 of 2011 CS No.167 of 2011 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Tara Sankar Ganguli Versus Narendra Prosad Pandey Before: The Honble Justice I.P.MUKERJ.Date: 26th November 2013 Appearance: Mr.S.S. Bose, Advocate Mr.Tapan Kumar Sen, Advocate for the plaintiff The Court: M/S.Mukherjee & Biswas, a firm of solicitors was acting on behalf of the plaintiff. It is submitted by Mr.Tapan Kumar Sen, learned Advocate and a former partner of the said firm that the firm is closed and that he has been appointed by the plaintiff to be his Advocate-on-Record. He could not get a No Objection on the vokalatnama executed in his favour by the plaintiff due to the closure of the firm. Such submission is accepted. Mr.Sen is allowed to file a vokalatnama executed by the plaintiff without the No Objection of M/S.Mukherjee & Biswas, by 30th November 2013. Mr.Bose, learned Counsel for the plaintiff hands up to this Court a Terms of Settlement executed by the parties resol...


Nov 26 2013

itc Limited Vs. Godfrey Phillips India Ltd.

Court: Kolkata

Decided on: Nov-26-2013

IN THE HIGH COURT AT CALCUTTA Ordinary Original Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen G.A.No.2547 of 2013 C.S.No.10 of 2009 ITC Limited versus Godfrey Phillips India LTD.For the Petitioner : Mr.S.N.Mookherjee, Sr.Adv.Mr.Dhrubo Ghosh, Bar-at-law, Mr.Shaunak Mitra, Mr.Soumya Sen Ms.Debamitra Adhikari For the defendants : Mr.Vipul Kundalia MRS.Sonal Shah Heard on : 13/09/2013, 22/11/2013 Judgment on : 26th November, 2013 Soumen Sen, J.:- The plaintiff has filed this application for obtaining leave under Clause 14 of the Letters Patent. The plaintiff has instituted the suit on 20th January, 2009. In the suit, the plaintiff has prayed decree of permanent injunction for restraining the defendants from infringing or using the trademark PILOT and/or PILOT NUMBR ONE. The plaintiff has also prayed for permanent injunction restraining the defendant from selling and/or passing off or causing to pass off the products o the defendant bearing the impugned mark PILOT as an...


Nov 26 2013

Bengal India Global Infrastructure Limited Vs. Shyam Iron and Alloys P ...

Court: Kolkata

Decided on: Nov-26-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Sl.No.32. GA3325of 2013 CS234of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIMITED Versus SHYAM IRON & ALLOYS PVT.LTD.& ORS.Sl.No.33. GA3326of 2013 CS231of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIMITED Versus CHAITAINYA ALLOYS PVT.LTD.& ORS.Sl.No.34. GA3327of 2013 CS235of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIMITED Versus Y.R.TRADERS PVT.LTD.& ORS.Sl.No.35. GA3328of 2013 CS232of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIMITED Versus GOURI IRON & STEEL (PVT.) LTD.& ORS.Sl.No.36. GA3329of 2013 CS236of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIMITED Versus BHOLANATH INGOTS PVT LTD AND ORS.Sl.No.37. GA3330of 2013 CS233of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIMITED Versus SUBHLABH STEELS PVT.LTD.& ORS.Sl.No.38. GA3331of 2013 CS231of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIMITED Versus CHAITAINYA ALLOYS PVT.LTD.& ORS.Sl.No.39. GA3332of 2013 CS232of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIM...


Nov 26 2013

Bhawani Shankar Tijoriwalla Vs. Rameshwarlal Vijayvargiya

Court: Kolkata

Decided on: Nov-26-2013

ORDER SHEET GA3154of 2013 CS1960of 1957 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHAWANI SHANKAR TIJORIWALLA Versus RAMESHWARLAL VIJAYVARGIYA BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date: 26th November, 2013. Appearance: Mr.P.K.Ghosh, Adv.Mr.O.P.Jhunjhunwala, Adv.Mr.Pradeep Dutta, Adv.Mr.Bimal Sanganaria, Adv.The Court: This is an application for discharge of the Joint Receivers appointed in appeal No.286 of 1979 (Suit No.1960 of 1957) and for other consequential reliefs. Mr.Pradeep Dutta, learned Senior Advocate representing the Joint ReceiveRs.states that none of the parties to the suit are interested in the properties over which the Joint Receivers were appointed and in fact, notice of the present application was sought to be served on all the parties but have come back unserved. Mr.Dutta submits that by reason of advance age of one of the Joint Receivers being the petitioner no.1 as also for other personal reasons the Joint Receivers be d...


Nov 26 2013

Srei Equipment Finance Pvt. Ltd. Vs. Sar Parivahan Pvt. Ltd. and anr.

Court: Kolkata

Decided on: Nov-26-2013

ORDER SHEET EC No.79 OF2013with EC78OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus SAR PARIVAHAN PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th November, 2013. Appearance : Mr.Utpal Bose, Adv.The Court : The Execution Case No.78 of 2013 is already disposed of. The Joint ReceiveRs.after making all reasonable attempts, have received an offer for Rs.13,00,000/- for the sale of the machine in question. The Joint Receivers are to file a report to this effect immediately if not filed. In those circumstances leave is granted to the Joint Receivers to conclude the sale at the above price in favour of Shri Shyam EarthmoveRs.307, Roopram Tower, Ranchi within four weeks of communication of this order. Possession of the machine will only be delivered to the purchaser upon receipt of the balance purchase price, to be paid by the purchaser directly to the decree holder within three weeks. The earnest mon...


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