Kolkata Court December 2013 Judgments
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MartIn Burn Ltd Vs. Abhishek Saraf
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET GA NO.2775 OF2012GA NO.2976 OF2012GA NO.3020 OF2013CS NO.313 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MARTIN BURN LTD Versus ABHISHEK SARAF BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th December, 2013. Mr.R.Deb, senior advocate, Mr.R.Medora, Mr.R.L. Mitraappear. Mr.D.GhoshappeaRs.The Court : This application [GA No.2976 of 2012]., is substantially an application Under Order 7 Rule 11 of the Code of Civil Procedure. It also contains some additional grounds. Those grounds are that there is a forum selection clause in the Power of Attorney exclusively selecting the Courts at Mumbai for entertaining disputes between the parties and on that ground the suit should be dismissed. I will deal with the Order 7 Rule 11 point. According to Mr.Ghosh, learned advocate for the defendant, the defendant did not and does not reside at 16, Muktaram Babu Street, Kolkata-700007. He has ceased to live at this place for the last 13 yeaRs.As this...
Paresh Nath Palpetitioner Vs. State of West Bengal and ors.Respondents
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET WP No.1132 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PARESH NATH PAL Petitioner Versus STATE OF WEST BENGAL AND ORS.Respondents BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date : 18th December, 2013. For Petitioner : Mr.S.S. Arefin, Advocate For University : Mr.Achinta Banerjee, Advocate Mr.R.N. Chakraborty, Advocate : Ms.Debjani Roy, Advocate For State The Court : After hearing the learned Advocates for the respective parties and after going through the petition I am of the view that this writ petition should be disposed of on Affidavits. Let Affidavit-in-opposition be filed within after reopening of Court after the Christmas vacation. two weeks Let Affidavit-in- reply thereto, if any, be filed within a week thereafter. Let this matter appear in the supplementary list for hearing three weeks after reopening of Court after the Christmas vacation. The petitioner has alleged that still now there are about five seats lying v...
Maheshwary Ispat Limited Vs. Tata Capital Financial Services Limited
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET APOT No.573 of 2013 ACO No.186 of 2013 CP No.560 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MAHESHWARY ISPAT LIMITED Versus TATA CAPITAL FINANCIAL SERVICES LIMITED BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 18th December, 2013. Mr.Jishnu Chowdhury Mr.Soumabha Ghose Ms.Sonia Sharma for the appellant Mr.Ratnanko Banerjee Mr.Paritosh Sinha Ms.Manju Bhutoria for the respondent The Court : It appears that in connection with an application for winding up of the company in question, the Honble Company Judge directed payment by instalments. There was a default. Consequently, there was a direction for appointment of the Official Liquidator as the provisional liquidator. However, in the meantime dues up to the month of November, 2013 have been paid. Honble Single Judge, therefore, in sound exercise of His Lordships discretion, condoned the delay subject, however, to payment of Rs.30,000/- (Rupe...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET C.P.No.145 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: PRATEEK PLASTOMETALS PVT.LTD.AND AND IN THE MATTER OF: SATISH KUMAR AGARWAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Appearance : Mr.Dipak Basu, Sr.Mr.Samit Talukdar, Sr.Mr.P.Saha, Mr.Mainak Bose, Ms.Manju Agarwal, Ms.Manju Bhuteria, Mr.R.Mitra, Ms.Darshana Sett, Adv.Adv.Adv.Adv.Adv.Adv.Adv.Adv.The Court : The company is directed to serve the copy of an application filed before the B.I.F.R.to all appearing creditORS.The respective advocate-on-record shall cause a letter to the advocate-on-record of the company for supply of the said application and the same shall be supplied within two days therefrom. The Andhra Bank appears and submits that a step under the Securitization Act had already been taken and in fact the bank is proceeding to take possession of the secured assets. The company says that the bank has restructured the loan and there is ...
Srikant Bagla Vs. Commissioner of Customs (Port) and ors.
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET WP836of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SRIKANT BAGLA Versus COMMISSIONER OF CUSTOMS (PORT) & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Appearance: Mr.R.N.Das, Adv.Mr.T.M. Siddiqui, Adv.Mr.J.P.Khaitan, Sr.Adv.Mr.A.K.Banerjee, Adv.The Court: Initially the writ petition was filed for an order to release goods under six consignments covered under the bills of entry on the plea that the Customs Authorities have arbitrarily and illegally detained the goods under the aforesaid consignments on the ground of the goods being hazardous and/or toxic. From the respective pleadings it is still uncertain whether the aforesaid goods covered under the said consignments are hazardous and/or toxic. The Customs Authorities have averred in the affidavit that steps were taken promptly for sending the sample to be tested whether the same is hazardous and/or toxic to the different laboratories and ultimately it is s...
The Chairman, Star Health and Allied Insurance Company Ltd., Chennai a ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Dec-18-2013
J. Bag, Ld. Member: The present appeal is directed against the Order dated 28.06.2011 passed by the Ld. District Consumer Disputes Redressal Forum, Burdwan, in case No. CC/94/2011,whereby the complaint was allowed with cost ex parte against the OPs. The Complaint case, in brief , was as follows: The Complainant Smt. Sumita Saha (Mukherjee) and her minor daughter were insured under Family Health Optima Insurance policy obtained from the OPs for the period from 09.04.2010 to 08.04.2011 for an assured sum of Rs. 3,00,000/- (Three lakh) only . During the validity period of the said policy, the Complainant Smt. Sumita Saha had fallen ill and she consulted Dr. Siddhartha Mukherjee at AMRI hospital who advised for certain tests and thereupon the Complainant was diagnosed with Neuroendocrine tumour of left main brounchus with collapse of left lung . She was hospitalized on 22.10.2010 for treatment and discharged on 04.11.2010. Upon admission in the hospital on 22.10.2010, the Complainant appli...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-17-2013
TS10of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE IN THE GOODS OF SURAJ NARIAN DAGA(DECEASED) BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 17th December, 2013. For the petitioner : Mr.Sukumar Paul,Advocate Mr.A.Mitra,Advocate For the defendant No.1(a) : Mr.Sakya Sen,Advocate Ms.Nilanjana Adhya,Advocate Mr.A.Chowdhury,Advocate Ms.Uma Bagree,Advocate The Court : - In this probate proceeding, the widow of one of the sons of the deceased is the caveatrix. The beneficiary under the Will is the widow of the deceased. The said disposition in favour of the widow does not appear to be unnatural. The probate proceeding has been marked, as a contentious cause in view of the resistance put forward by the caveatrix. During the pendency of the probate proceedings, good sense prevailed and the widow of the testatrix expressed her desire not to deprive one of her daughter-in-laws from the benefit of the estate left behind by the testator out of natural love and affection for the caveatrix. The ...
Madanlall Agarwal and ors. Vs. Puranmull Agarwal and ors.
Court: Kolkata
Decided on: Dec-17-2013
ORDER SHEET GA NO.3429 OF2013GA NO.1865 OF2013TA NO.127 OF2013GA NO.3075 OF2013CS NO.154 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MADANLALL AGARWAL AND ORS.Versus PURANMULL AGARWAL AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 17th December, 2013. APPEARANCE: MS.MANJ.AGARWAL, MR.B.MANOT, ADVOCATES FOR PLAINTIFFS MR.SAWARNENDU GHOSH, MS.R.ROY, MR.N.BALODDDDIA, MR.D.K.SHARMA, ADVOCATES FOR DEFENDANT NOS.3,4,5,19,20,21,23,24,25 AND26MR.P.K.BAJARIA, MR.J.CHATTERJEE, ADVOCATES FOR DEFENDANT NOS.6,7,8,9, AND22MR.D.N.ROYCHOWDHURY, MR.S.SENGUPTA, ADVOCATES FOR RESPONDENT NOS.11 TO16MR.P.K.RAY, MR.A.BANERJEE,ADVOCATES FOR DERFENDANT NOS.1,2,10,17 AND18MR.P.MULLICK, ADVOCATGE FOR DEFENDANT NO.10 The Court : The proceedings before the Conciliator are continuing. I am of the opinion that the subject matter of this application (G.A.No.3429 of 2013) may be referred to the learned Conciliator. However, Mr.Ghosh argues the point that any objection ...
Harish Chandra Wadhwa and ors. Vs. Ghosh Brothers Hospitality Private
Court: Kolkata
Decided on: Dec-17-2013
AP No.1201 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HARISH CHANDRA WADHWA & ORS.-VersusGHOSH BROTHERS HOSPITALITY PRIVATE LIMITED Appearance: Mr.Sudip Pal Chowdhury, Adv...for the petitioner. Mr.Arindam Mukherjee, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 17th December, 2013. The Court : The petition is for security to be furnished by the respondent in respect of the claim of the petitioner. The parties have been fighting a bitter battle over an area that the respondent uses as a restaurant on Park Street in a building owned by the petitioneRs.The petitioners claim that as per the agreement, a sum in excess of Rs.74 lakh is due on account of licence or occupation fees. The respondent admits that a sum in the range of Rs.70 lakh is due as per the agreement, but blames the petitioners for not accepting the payments tendered during the initial months and says that it would be inequitable for the respondent ...
Tanima Ghosh and ors. Vs. Gitarani Ghosh and ors.
Court: Kolkata
Decided on: Dec-17-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA NO.2943 OF2013WITH CS NO.356 OF1994TANIMA GHOSH & ORS.Versus GITARANI GHOSH & ORS. GA NO.3651 OF2013WITH CS NO.356 OF1994TANIMA GHOSH & ORS.Versus GITARANI GHOSH BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 17th December, 2013. Mr.A.DasappeaRs.Mr.A.Mitra, Mr.S.K.Ashappear. Mr.P.K.Roy, Mr.A.Banerjee, Mr.C.K.Sahaappear. The Court : Mr.Chanchal Kumar Saha and Mr.Swapan Kumar Ash, learned advocates are appointed joint Receivers for the purpose of holding the sum of Rs.3,58,125.50 to be paid by Mr.Amitava Dass client by Pay Order/Bankers cheque by 20th December, 2013. In the meanwhile, the joint Receivers will open an account in their names for depositing this Pay Order/Bankers cheque. This payment will be received by the joint ReceiveRs.without prejudice to the rights and contentions of Mr.Roys client in the contempt application and with regard to the balance payment. Full compliance with the ...
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