Kolkata Court December 2013 Judgments
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L and T Finance Limited Vs. Dipankar Biswas and anr.
Court: Kolkata
Decided on: Dec-13-2013
AP No.1197 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus DIPANKAR BISWAS & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th December, 2013. Appearance: Mr.S.Das, Adv.Ms.Sanghamitra Nandy, Adv.The Court : In view of the recent payments made by the respondents, the petitioner has agreed to the suggestion of the Court that if the respondents make payment of the monthly instalments of December, 2013; January, February and March, 2014 in terms of the agreement together with a quarter of the approximate amount of Rs.5 lakh which remains unpaid on account of defaulted instalments and interest at the rate of 12 per cent per annum for the period of default, the petitioner will not pursue the arbitral reference and the notice of termination will stand superseded and the parties would be left free to be governed by the agreement till the duration thereof. Accordingly, AP No.1197 of 2013 is disposed of by directing...
Corporation Ltd. and ors. Vs. Uco Bank.
Court: Kolkata
Decided on: Dec-13-2013
CS No.123 of 1992 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SOUTHERN PETROCHEMICAL INDUSTRIES CORPORATION LTD.& ORS.Versus UCO BANK. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th December, 2013. Appearance: Mr.Anil Gupta, Adv.Mr.D.N. Sharma, dv. Mr.Debraj Bhattacharya, Adv.Mr.Anunoy Basu, Adv.for the plaintiffs Mr.Rajarshi Dutta, Adv.Mr.Sourjya Roy, Adv.for the defendant The Court : This is the final hearing of the suit and the parties are agreed that the only thing that remains to be done is to assess the further amount that is to be paid by the defendant bank to the plaintiff. As per the calculations submitted on behalf of the defendant bank, the value of the letter of credit was Rs.3 crore and interest thereon at the rate of 18 per cent as per the usual rate added up to a further sum of Rs.4,83,04,109/- as at January 20, 1999. It is the undisputed position that the value of the letter of credit together with interest at the rate of 18 per cent ther...
Hindustan Steelworks Construction Ltd. Vs. M/S. S.P. Sethian
Court: Kolkata
Decided on: Dec-13-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Debasish Kar Gupta And \The Honble Justice Asim Kumar Ray December 13, 2013 GA2799of 2013 GA2800of 2013 APO234of 2010 AP164of 2008 Hindustan Steelworks Construction LTD.versus M/S.S.P.Sethian Mr.Ranjan Deb, Sr.Advocate with Mr.Ravi Kapur, Advocate Mr.S.Sengupta, Advocate Mr.M.Mukherjee, Advocate for the appellant Mr.P.K.Dutt, Sr.Advocate with Mr.Maloy Kumar Das, Advocate Mr.D.Raha, Advocate for the respondent Re: GA2799of 2013 The Court :- Let affidavit in opposition to this application being GA2799of 2013 filed by the respondent and the reply thereto filed by the appellant be kept on record. This is an application filed under Section 5 of the Limitation Act for condonation of delay in filing this review application. The review application is filed in respect of the judgment and order dated January 21, 2011. The reasons shown in this application to pray for condonation of delay are as ...
M/S. Bright Chem and ors. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Dec-13-2013
ORDER SHEET WP1094OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.BRIGHT CHEM & ORS.Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th December, 2013. Appearance : Mr.Subrata Kumar Bose, Advocate Ms.Priyanka Dhar, Advocate Mr.R.L.Mitra, Advocate for the petitioner. Mr.Biswajit Mukherjee, Advocate Mr.Gopal Ch. Das, Advocate for KMC The Court : In view of the fact that the order impugned is appealable and the petitioners are having an efficacious alternative remedy under the Act, this writ petition is not entertained. Since a contention is raised on behalf of the petitioners that they have not been served with a copy of the impugned order, the corporation is directed to serve a copy of the impugned order dated 27th August, 2013 within a period of one week from date so as to enable the assessee to prefer an appeal before the Municipal Building Tribunal within a certain period. The Corporation shall not take ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-13-2013
1 ORDER SHEET C.A.No.553 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE : BINDAWALA ELECTRICAL INDUSTRIES LTD -ANDBINDAWALA CABLES & CONDUCTORS LTD .Applicants BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 13th December, 2013. Appearance: Ms.M.Bhuteria, Adv.Mr.Arin Banerjee, Adv.Mr.S.Ghosh, Adv.Ms.S.Choudhury, Adv.Mr.R.Mullick, Adv.The Court: That a meeting of the Equity Shareholders of Bindawala Electrical Industries Limited, being the applicant no.1 herein be convened and held at 6, Hanspukur FiRs.Lane, Kolkata 700 007, on Monday, the 27th January, 2014 at 4:30 P.M.for the purpose of considering, and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation between the Applicant nos.1 and 2. That a meeting of the Equity Shareholders of Bindawala Cables and Conductors Limited, being the applicant no.2 herein be convened and held at 6, Hanspukur FiRs.Lane, Kolkata 700 007, on Monday, the 27th January, 2014 at 4:45 P.M.for the pur...
Apurba Banerjee Vs. West Bengal Industrial Development Corporation Ltd ...
Court: Kolkata
Decided on: Dec-13-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GA NO.3316 OF2013WITH WP NO.143 OF2013APURBA BANERJEE Versus WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LTD.& ORS. GA NO.3317 OF2013WITH WP NO.143 OF2013APURBA BANERJEE Versus WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LTD.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th December, 2013. Mr.A.BanerjeeappeaRs.Mr.L.K. Gupta, senior advocate, Mr.D.K. Samanta, Mr.M.Gupta, Mr.A.Samantaappear. RE: GA NO.3316 of 2013. The Court : Sufficient cause is shown. The delay in making this review application is condoned. This application [GA No.3316 of 2013].is allowed. The review application is formally admitted. RE: GA NO.3317 of 2013. The writ petitioner wants review of my judgment and order dated 19th August, 2013 ; mainly, two grounds have been taken. It was said that although the writ petition had several grounds and covered the entire dispute between the parties, learned counsel for the writ...
Jaydeep Majumdar Vs. West Bengal Industrial Development Corporation Lt ...
Court: Kolkata
Decided on: Dec-13-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GA NO.3318 OF2013WITH WP NO.794 OF2010JAYDEEP MAJUMDAR Versus WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LTD.& ORS. GA NO.3319 OF2013WITH WP NO.794 OF2010JAYDEEP MAJUMDAR Versus WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LTD.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th December, 2013. Mr.A.BanerjeeappeaRs.Mr.L.K. Gupta, senior advocate, Mr.D.K. Samanta, Mr.M.Gupta, Mr.A.Samantaappear. RE: GA NO.3318 of 2013. The Court : Sufficient cause is shown. The delay in making this review application is condoned. This application [GA No.3318 of 2013].is allowed. The review application is formally admitted. RE: GA NO.3319 of 2013. The writ petitioner wants review of my judgment and order dated 19th August, 2013 ; mainly, two grounds have been taken. It was said that although the writ petition had several grounds and covered the entire dispute between the parties, learned counsel for the wr...
The Postal Department of India and Another Vs. Mrs. Shibani Ghosh
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Dec-13-2013
J. Bag, Ld. Member: The present appeal is directed against the Order of the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas, dated 12.07.12 in CC Case No. 155 of 2009 whereby Ld. Forum below allowed the complaint on contest against OP Nos. 1and 2 and exparte against OP No. 3 with cost. The complaint case , in brief, was as follows:- The Complainant , being a widow , deposited in 1998 her husbands death benefit to the tune of Rs. 1,50,000/- ( One lakh fifty thousand ) only to Behala P.O with the opening of a Monthly Income Scheme Account (No.43703) through OP No. 3 who represented the Complainant as an agent of the Postal Department of India . In April 2004, the said OP No. 3 got the withdrawal form signed by the petitioner for withdrawal of the amount towards monthly interest and also took away the Pass book on the plea that for withdrawal of the money which was the maturity value of the MIS account the Pass book was required to be produced before the Postal Departmen...
Sukdev Mustafi and Another Vs. Piramal Healthcare Ltd. and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Dec-13-2013
Kalidas Mukherjee, President: These are the two appeals arising out of the same judgment passed by Learned District Forum, Kolkata, Unit-I in case no.CC 95 of 2008 allowing the complaint against the OPs except OP NO.4 and directing the OP No.1, 2, 3 and 5 to make payment of Rs.1,90,263/- to the complainant along with interest @ 9% p.a. till realisation. The OPs were further directed to pay Rs.15,000/- towards compensation for mental agony and harassment and litigation cost of Rs.5,000/- to the complainant within 45 days from the date of communication of the order, in default an interest @ 9% p.a. shall accrue over the entire amount till realisation. The case of the complainant/respondent, in short, is that he carries on business as a dealer of the medicine under the name and style Medico Distributor as a means of self employment for earning his livelihood. OP No.2 is the clearing and forwarding agent of Nicholas Piramal (India) Ltd. within the territory of West Bengal and OP No.3 is a ...
H.D.F.C Bank Ltd. Vs. Chitra Gupta and ors.
Court: Kolkata
Decided on: Dec-12-2013
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE A.P.D.No.350 of 2012 C.S.No.246 of 2009 P R E S E N T:- The Honble Mr.Justice Debasish Kar Gupta. And The Honble Mr.Justice Ishan Chandra Das. H.D.F.C Bank LTD.Versus Chitra Gupta & ORS.For the Appellant: - Mr.Mainak Bose, Mr.Chayan Gupta, Mr.P.K.Srivastava, Ms.Appabitra Saha For the Respondents:- Mr.Dhruba Ghosh Mr.Sourav Mukherjee Mr.Dipak Bhattacharya Heard on 26.11.2013 :12.11.2013,18.11.2013,21.11.2013,22.11.2013 and Delivered on :. 12.12.2013. Ishan Chandra Das, J. : This appeal, arose out of the judgment and decree dated 03.05.2012 and 7.06.2012 respectively passed in CS No.246 of 2009, has a long chequered history. The case of the respondents No.1 to 7 (the plaintiffs No.1 to 7 of CS No.246 of 2009 and hereinafter referred to as the principal respondents) is that one Sambhu Kumar Chowdhury, since deceased, the predecessor-in-interest of the respondents No.8 to 10 (father of the defendants No.1 to 2 and the...
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