Kolkata Court December 2013 Judgments
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Vs. the State of West Bengal and ors.Re
Court: Kolkata
Decided on: Dec-17-2013
ORDER SHEET W.P.No.1173 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANORANJAN MANDAL Petitioner Versus THE STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date : 17th December, 2013. For Petitioner : Mr.Susanta Pal, Advocate For Respondent Nos.2-5 : Mr.Niladri Bhattacharjee, Advocate For the State : Md.T.M.Siddique, Advocate The Court : The petitioner was a permanent employee of the Calcutta service Tramways on Company November 30, (1978) 2009 Limited. upon He attainment retired of the from age his of superannuation. Upon retirement the petitioner had been paid the Provident Fund, Gratuity and Leave Salary amount on February 11, 2010. The grievance of the petitioner is that the employer had committed a mistake in calculation of his Gratuity by not calculating the same on the basis of the basic pay, which he was enjoying on the month of his retirement. Ventilating such grievance the petitioner made a repr...
Tata Steel Limited Vs. Ball Roll Corporation
Court: Kolkata
Decided on: Dec-17-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Debangsu Basak A.P.O.No.125 of 2013 C.S.No.324 of 2007 TATA STEEL LIMITED versus BALL ROLL CORPORATION For the Appellant : Mr.Swarnendu Ghosh, Advocate Mr.Joydeb Ghorai, Advocate Mr.Dwarkanath Chattopadhyay, Advocate For the Respondent : Mr.Rudradeb Chowdhuri, Advocate Mr.Deepnath Roy Chowdhury, Advocate Mr.K.N.Jana, Advocate Heard on : December 4, 2013 Judgment on : December 17, 2013 DEBANGSU BASAK, J. Appellant/plaintiff filed a suit for recovery of price of goods sold and delivered in 2004. The defendant was sued in the name of the firm Ball Roll Corporation. The firm was, however, described as a sole proprietorship concern of one Gopal Rathi. The appellant/plaintiff applied in 2009 for amendment. Mr.Gopal Rathi also applied for striking out of his name. He contended, he had no nexus with Ball Roll Corporation and Ball Roll corporati...
Dr. Ashoke Bandhu Roy Vs. Abc India Ltd. and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Dec-17-2013
Kalidas Mukherjee, President: This appeal is directed against the judgment and order passed by Learned District Forum, Berhampore in CC 118 of 2004 dismissing the complaint. The case of the complainant/appellant, in short, is that he is a Homeopathic doctor and has been practising at Berhampore and also carries on business of selling Homeopathic medicines in his chamber at 13/B, R. N. Tagore Road, Berhampore. The complainant/appellant placed order for the purchase of Homeopathic medicines valued at Rs.76,760/- to the OP and to deliver the same at his chamber in the said premises. The OP No.2 entrusted OP No.1 to carry the medicines for delivery at the chamber of the complainant. But, unfortunately, the said goods had not been delivered at the destination. For the said reason, the complaint was filed. The Learned Counsel for the appellant has submitted that the complainant paid Rs.76,760/- to the OP No.2 for the supply of medicines. It is contended that necessary documents have been fil...
Ravi Bhattad Vs. Registrar of Companies
Court: Kolkata
Decided on: Dec-16-2013
ORDER SHEET C.P.No.631 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE BENGAL BIG LEAP INFRASTRUCTURE LTD.And RAVI BHATTAD Versus REGISTRAR OF COMPANIES BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 16th December, 2013. Appearance: Mr.Arundom Bit, Adv.Mr.Debasish Kundu, Adv.Mr.Jishnu Chowdhury, Adv.Mr.Aniruddha Poddar, Adv.The Court: By an order dated 9th December, 2013 the earlier order dated 2nd December, 2013 was recalled and the direction was made upon the petitioner to serve a copy of this application upon the company. After service the company is represented. The company signifies no objection if the application is allowed. The Registrar of Company, West Bengal, is represented by a lawyer. This is a petition for resurrecting of a company which has been struck off the list of the functioning companies under Section 560 of the Companies Act, 1956 for the statutory records not having any file. The Registrar has filed a statement indicating therein that a ...
Saraf Impex Pvt Ltd Vs. the State Trading Corporation of India Ltd
Court: Kolkata
Decided on: Dec-16-2013
ORDER SHEET GA No.3632 of 2013 APOT No.564 of 2013 AP No.1134 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SARAF IMPEX PVT LTD Versus THE STATE TRADING CORPORATION OF INDIA LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 16th December, 2013. Appearance: Mr.Arik Banerjee with Ms.Rituparna Majumder, ld. Advocates for the appellant. Mr.Pratap Chatterjee, Sr.Advocate with Mr.Tilak Bose, Mr.Kausik Chatterjee and Ms.Ansumali Banshal, ld. Advocates for the respondent. The Court :- The learned Judge passed an order of injunction restraining operation of the bank account unless a sum of Rs.2 crore is kept as security. Hence this appeal by the appellant. From the judgment and order it appeaRs.cheque for Rs.3.45 crore got dishonoured. We have heard Mr Kausik Chatterjee, appellant and appearing for Mr.the learned Counsel Arik Banerjee, respondent. Mr.appearing for learned Chatterjee the Counsel would contend, he is in precariou...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-16-2013
CP No.607 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF : TEKRIWALA ASOCIATES PRIVATE LIMITED -ANDHELLMANN WORLDWIDE LOGISTICS INDIA PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 16th December, 2013. Appearance: Mr.Shaunak Sengupta, Adv.Mr.Indranil Nandi, Adv.The Court : The company appears after service. The company did not protest for the claim of the petitioning creditor but submits that because of the financial stringencies the amount so claimed by the petitioning creditor cannot be paid at a time. The claim of the petitioning creditor is to the tune of Rs.4,49,943.72 towards principal which has been admitted by the company by its letter dated 29th November, 2011. Since the company has shown its bona fide to pay off the dues of the petitioning creditor, this Court, therefore, does not award any interest to be paid by the company on the above amount. The winding up petition is admitted for a principal sum of Rs.4,49,943.72 together w...
Government of West Bengal Vs. Consulting Engineering Services (India)
Court: Kolkata
Decided on: Dec-16-2013
ORDER SHEET GA No.3633 OF2013APOT No.565 of 2013 with CS No.403 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GOVERNMENT OF WEST BENGAL Versus CONSULTING ENGINEERING SERVICES (INDIA) PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 16th December, 2013. Mr.Ashok Kumar Banerje, Government Pleader, Mr.Sakya Sen, Mr.Poritosh Sinha for the appellant. Mr.Surajit Nath Mitra, Sr.Advocate, Mr.Arindam Mukherjee, Mr.Deepak Kr. Jain for the respondent. The Court : Bank Guarantee is as good as cash, so said, Lord Denning. The denial of injunction restraining invocation of bank guarantee is a rule, of course, there would be exception that too, on a limited plea of fraud and/or special equity. With great eloquence Mr.Surajit Nath Mitra, learned Senior Counsel appearing for the respondent would support the order of injunction passed by the learned Single Judge on a different pretext that is not argued before us, equally e...
Rangara Industries Pvt.Ltd. Vs. Srei Equipments Finance Pvt. Ltd.
Court: Kolkata
Decided on: Dec-16-2013
ORDER SHEET GA3652OF2013APOT No.568 of 2013 With AP No.853 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction RANGARA INDUSTRIES PVT.LTD.Versus SREI EQUIPMENTS FINANCE PVT.LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 16th December, 2013. Mr.Sakya Sen, Mr.S.N. Pandey for the appellant. Mr.Swatarup Banerjee, Mr.Rohit Parashar, Ms.S.Mondal for the respondent. The Court : This appeal would relate to an order of confirmation of sale that the learned Judge passed by judgment and order impugned. The learned Judge granted time to the borrower for bringing better offer. They could not. Hence there was no option left for him to confirm the offer which was placed before His Lordship. Mr.Sakya Sen, learned Counsel appearing for the appellant would contend, he should be given a further two weeks time to bring a better offer. Mr.Swatarup Banerjee, learned Counsel appearing for the respondent financier would strenuously oppose such prayer and cont...
Taj Bengal Vs. Ravi JaIn and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Dec-16-2013
Kalidas Mukherjee, President: This appeal is directed against the judgment and order passed by Learned District Forum, Kolkata, Unit-I in case no.CC 265 of 2010 allowing the complaint with cost and directing the OPs jointly and severally to return the cheque amounting to Rs.2,81,810/- to the complainant since it has not been encashed and lying in custody of the OPs within 45 days from the date of communication of the order. The OPs were further directed to pay compensation of Rs.30,000/- for harassment and mental agony and litigation cost of Rs.5,000/- within 45 days from the date of communication of the order, in default the amount will carry interest @ 9% p.a. till realisation. The case of the Complainant/Respondent, in short, is that the Complainant for solemnization of marriage celebration hired the services of the OPs and the banquet function was held on 12/12/08. The complainant deposited total amount of Rs.13,65,000/-. In terms of the discussion held by and between the parties i...
Companion Traders Pvt. Ltd. and ors. Vs. Kolkata Municipal Corporation ...
Court: Kolkata
Decided on: Dec-13-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen W.P.No.656 of 2013 With W.P.No.985 of 2013 COMPANION TRADERS PVT.LTD.& ORS.versus KOLKATA MUNICIPAL CORPORATION & ORS.For the plaintiff : Mr.Anindya Kumar Mitra, Sr.Adv., Mr.Abhrajit Mitra, Mr.Jishnu Chowdhury, Mr.Satadeep Bhattacharya For the KMC : Mr.Biswajit Mukherjee, Mr.Fazlul Haque, Mr.Debangshu Mondal For the added-respdt. : Mr.Amitesh Banerjee, Mr.B.Ghosh Heard on : 13.11.2013, 29.11.2013 Judgment on : 13th December, 2013 Soumen Sen, J.:-Since common questions of law and facts arise in both the writ applications they were heard together and dispose of by this common judgment. The petitioners claimed to have acquired several plots of land by 22 several conveyance deeds, which are adjoining each other, all situated in Mouza Madurdaha in Borough No.XII of the Kolkata Municipal Corporation. Each of the previous owners has separate assessee numbers for their respective ...
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