Kolkata Court December 2013 Judgments
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Hem Prakash Surana Vs. Abhay Singh Surana and ors.
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET GA587OF2013CS48OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HEM PRAKASH SURANA Versus ABHAY SINGH SURANA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th December, 2013. Mr.S.Sen, Mr.P.Sancheti, Mr.J.Chowdhury, Ms.U.Bagri, Mr.J.Choudhury, Mr.S.Nandy, Mr.S.Ghosh, Mr.D.Chatterjee, Adv.Adv.Adv.Adv.Adv.Adv.Adv.Adv.appeaRs.appeaRs.appeaRs.appeaRs.appeaRs.appeaRs.appeaRs.appeaRs.The Court : The question before this Court is: whether Gaurav Surana, son of Hemprakash Surana and Shaleen Surana, son of Jaswant Kumar Surana, are to be added as party defendants in the suit?. Whether these two persons are to be added as party defendants, as rightly pointed out by Mr.Sen for the applicants, depend on whether they have sufficient prima facie interest in the subject matter of the suit so that their presence may be considered necessary or proper by the Court. Before answering this question, I observe that the suit is instituted by one of the...
Priya Gopal Bishoyi Marketing Pvt Ltd and anr. Vs. U.P. State Handloom ...
Court: Kolkata
Decided on: Dec-10-2013
AP No.1120 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRIYA GOPAL BISHOYI MARKETING PVT LTD AND ANR. Versus U.P.STATE HANDLOOM CORPORATION LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th December, 2013. Appearance: Mr.Malay Kumar Ghosh, Adv.Mr.Durga Prasad Dutta, Adv.Souvik Sen, Adv.Mr.Kaustav Chandra Ds, Adv.Mr.Sumanta Ganguly, Adv.Mr.S.Ghosh, Adv.The Court : A cheque for Rs.5,41,192/- has been made over on behalf of the petitioners to advocate for the respondent Corporation in court today. The calculations indicating the basis for such payment should be furnished by advocate for the petitioners in couRs.of the day. According to the petitioneRs.a sum of Rs.17,000/- was payable per month by the petitioners to the respondent. The petitioners say that such payment should have been made by the year 2011. The petitioners have calculated interest at a reasonable rate of 10 per cent per annum for the two years that the payment remaine...
M/S. Saila Motors Pvt. Ltd. Vs. Sunil Kumar Banka and ors.
Court: Kolkata
Decided on: Dec-10-2013
ORDER SHEET CS No.247 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.SAILA MOTORS PVT.LTD.Versus SUNIL KUMAR BANKA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 10th December, 2013. The Court : In the suit for refund of the security deposit an ex parte decree was passed on 2nd April, 2009. After a delay of 1550 days an application was filed on behalf of the defendants for setting aside of the ex parte decree being GA No.1560 of 2009. The said application was dismissed on 13th May, 2013 with liberty to the defendant petitioner to take out a proper application on the selfsame cause of action. In terms of the aforesaid direction an application was filed being GA No.2322 of 2013. The said application was disposed of on November 8, 2013 with the following observation and direction: Moreover, having regard to the fact that the entire claim made in the plaint is secured by furnishing the bank guarantee, I am inclined to allow the defendant ...
Mathura Bouripetitioner Vs. Coal India Ltd. and ors.Respondent
Court: Kolkata
Decided on: Dec-10-2013
ORDER SHEET W.P.No.497 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MATHURA BOURI Versus COAL INDIA LTD.& ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date : 10th December, 2013. For Petitioner : Mr.Partha Ghosh, Adv.For Respondents : Mr.Alok Kr. Barman with Ms.Sanchita Barman, Adversus The writ petitioner had approached this Court alleging inaction on the part of the respondent authorities to consider the petitioners mercy petition for reinstatement in service. The petitioner was an employee of Eastern Coalfields LTD.[ECL].and a disciplinary proceeding was initiated against him through issuance of a charge sheet dated 6th March, 2004 and the said proceedings stood concluded through issuance of an order of dismissal vide memorandum dated 6th September, 2004. Mr.Ghosh, learned Advocate appearing for the petitioner, submits that ECL authorities signed a Memorandum of Settlement before the Assistant Labour Commissione...
Debashis Banerjee Vs. Swarnakshar Prakasani Pvt.Ltd.and anr
Court: Kolkata
Decided on: Dec-10-2013
ORDER SHEET APO No.168 of 2013 With CS No.307 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DEBASHIS BANERJEE Versus SWARNAKSHAR PRAKASANI PVT.LTD.& ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 10th December, 2013. Mr.Ranjan Kali, Ms.Sukriti Banerjee for the appellant. Mr.Ranjan Bachawat, Mr.Pravakar Chowdhury, Mr.Subhasish Sengupta, Mr.Rahul Ginodia for the respondent. The Court : After much deliberation on last few days hearing we could get the issue resolved. We must record our appreciation for the contribution we had from Mr.Ranjan Kali, learned Counsel appearing for the appellant and Mr.Ranjan Bachawat, learned Counsel appearing for the respondent. The facts would depict, the respondent is well-known in travel magazine having the brand name Bhraman. The appellant imitated the brand name and the design and published another magazine prior to Puja, 2012 as the annual edition. The respondent would complain, the ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-10-2013
ORDER SHEET C.A.No.523 of 2013 C.P.No.556 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction In the matter of : Visa International Limited And In the matter of : Marks Housing Private Limited BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 10th December, 2013. Appearance : Ms.Manju Bhuteria, Adv.Mr.Aniruddha Mitra, Adv.The Court : This application is taken out by the company for permanent stay of the winding up proceeding on the plea that the claim as made in the winding up petition is apparently barred by limitation. This application in substance is taken out as a demurrer and this Court invited the company to address on the admitted facts and not the disputed one. The company relies upon the statement of the petitioning creditor made in the winding up petition to demonstrate that if those are taken to be true and correct statement of facts, the claim is hopelessly barred by law of limitation and, therefore, this winding up petition should remain permanently stayed. The atte...
Akhtar HossaIn and ors. Vs. the Board of Wakf
Court: Kolkata
Decided on: Dec-10-2013
GA No.3446 of 2013 WP No.48 of 1999 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction AKHTAR HOSSAIN & ORS.Versus THE BOARD OF WAKF BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th December, 2013. For the Petitioners : Mr.Bibek Jyoti Basu, Adv.Mr.Uttam Kr. De, Adv.For the Respondent No.4 : Mr.Anjan Banerjee, Adv.For the Respondent Nos.5 and 6 : Mr.Nirban Kr. Chatterjee, Adv.The Court : A meaningless objection has been taken on behalf of the respondents that since some of the petitioners have not shown any interest for revival of the petition, the order dismissing the petition should not be recalled. The present application, GA No.3446 of 2013, has been made by the petitioner nos.3(a) and 3(b).It is evident that the other petitioners may not be interested and have not applied. The applicants have filed a supplementary affidavit stating that the present application has been made only on behalf of the applicants and not the other petitioneRs.The order dated June 21, 20...
Dharmendra Kumar Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-10-2013
ORDER SHEET WP No.1150 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DHARMENDRA KUMAR Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date : 10th December, 2013. Appearance: Mr.Susanta Pal, Adv.Mr.Niladri Bhattacharya, Adv.Md.T.M.Siddiqui, Adv.Mr.Paritosh Sinha, Adv.The Court: The petitioners father while working as a Conductor of the Calcutta Tramways Company (1978) Ltd., hereinafter referred to as the Company, passed away on 10th June, 2004. The petitioner applied for compassionate appointment on 7th July, 2004 and subsequent thereto by a memorandum dated 10th August, 2010 documents were called for and by a memorandum dated 20th of October, 2010 the petitioner was directed to appear for medical test on 4th January, 2011. But, subsequent thereto, no steps have been taken by the respondents and the petitioners application for compassionate appointment had not been disposed of till date. Mr.Bhattacharjee, lea...
Srei Equipment Finance Private Limited Vs. Karunamoyee Construction Pv ...
Court: Kolkata
Decided on: Dec-10-2013
AP No.1110 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus KARUNAMOYEE CONSTRUCTION PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th December, 2013. Appearance: Mr.S.Banerjee, Adv.Mr.Jay Sengupta, Adv.Mr.S.Chakraborty, Adv.The Court : The respondent no.1 is represented and it is submitted that despite such respondents best intentions, no settlement could be forged with the finance company. The finance company claims that a sum in excess of Rs.29 lakh is due only on account of defaulted instalments. The finance company says that the current dues are to the tune of Rs.2.96 lakh per month and the agreement runs till August, 2014. Since the petitioners claim appears to be uncontroverted, AP No.1110 of 2013 is disposed of by appointing Mr.Ashok Kumar Ganguly, Advocate, Bar Association Room No.17 as Receiver with a direction to take immediate possession of the asset covered by the agr...
Amitava Mitter Vs. Royal Calcutta Golf Club and ors.
Court: Kolkata
Decided on: Dec-10-2013
ORDER SHEET TA NO.110 OF2013WITH CS NO.397 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AMITAVA MITTER Versus ROYAL CALCUTTA GOLF CLUB & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th December, 2013. Mr.P.Chatterjee, senior advocate, Mr.A.Banerjee, Mr.A.P. Agarwallafor petitioner. Mr.Anindya Mitra, senior advocate, Mr.A.Mitrafor respondent no.1. Mr.S.Mitra, senior advocate, Mr.R.Banerjee, Mr.P.Basufor respondent no.3. The Court : This suit [CS No.397 of 2013].was instituted in this Court by Mr.Amitava Mitter against Royal Calcutta Golf Club & ORS.claiming the following reliefs : a].Decree for declaration that the election to the post of Captain and the General Committee Member has been conducted illegally and the same be set aside; b].Perpetual injunction restraining the defendants from giving effect or other effect to the election held on 27th of September, 2013 for the post of Captain and the General Committee; c].Declaration that th...
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