Kolkata Court December 2013 Judgments
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Bharat Coking Coal Limited Vs. M/S. Auroma Coke Limited and ors.
Court: Kolkata
Decided on: Dec-09-2013
ORDER SHEET GA No.3509 of 2013 APOT No.509 of 2013 WP No.72 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BHARAT COKING COAL LIMITED Versus M/S.AUROMA COKE LIMITED & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 9th December, 2013 Mr.S.N.Mukherjee, Sr.Adv.with Mr.Kalimuddin Mondal, Adv..for the appellant Mr.Saptangshu Basu, Sr.Adv.with Mr.Pallav Banerjee, Adv.MRS.Sukla Banerjee, Adv..for the respondents This application has been filed in connection with the appeal preferred from the Judgment and Order dated 27th August, 2013 passed by the Learned Single Judge whereby and whereunder the said Learned Judge disposed of the writ petition finally on merits. Mr.Mukherjee, learned Senior Advocate representing the appellant urged before this Court that the High Court at Calcutta has no territorial jurisdiction to entertain the writ petition. Mr.Bose, respondents-writ learned petitioneRs.Senior Advo...
Delta International Limited Vs. Hindustan Petroleum Corporation Ltd an ...
Court: Kolkata
Decided on: Dec-06-2013
1 ORDER SHEET APO No.289 of 2013 CS No.491 of 1985 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DELTA INTERNATIONAL LIMITED Versus HINDUSTAN PETROLEUM CORPORATION LTD & ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 6th December, 2013. Appearance: Mr.S.N. Mitra, Sr.Advocate with Mr.Arindam Mukherjee and Mr.Deepak Jain Ld. Advocates for the appellant. Mr.Malay Ghosh, Mr.Samrat Sen and Mr.P.C. Pal Chowdhury, ld. Advocates for the respondent. The chequered career. Court :- Hindusthan This appeal Petroleum has a Corporation Limited was having a petrol pump at Council House Street belonged to Delta International Limited, the appellant abovenamed. The tenants suffered a decree of eviction on February 24, 1992. The appeal Court reversed it vide judgment and order dated December 2,1997. The Apex Court set aside the order of the Court of appeal and restored the decree vide order dated April 9, 1999. The tenants vacated the premises...
Pvt. Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-06-2013
WP No.463 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction SHAMIYANA INFRASTRUCTURE PVT.LTD.AND ANR. Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 6th December, 2013. Appearance: Mr.Shaktinath Mukherjee, Sr.Adv.Mr.Kishore Dutta, Adv.Sayantak Das, Adv.for the petitioners Mr.Pantu Deb Roy, Sr.Govt. Adv.Mr.Md.Siddiqui, Adv.for the State The Court : The petitioners challenge a decision of the Joint Secretary in the State Transport Department made on April 26, 2013 by which the State has declined to engage any motor vehicle inspector or other personnel to make the weigh-bridge set up by the petitioner company on the SirampurCooch Behar road at the Assam border functional. Rule 287 of the West Bengal Motor Vehicles Rules, 1989 permits the State to select any person or agent for installation and maintenance of weighbridges. Weigh-bridges are necessary to be installed to ensure that excess load than what is permissible is not carri...
Fortune Furnitech Pvt. Ltd. (In Liquidation) Vs. the Official Liquidat ...
Court: Kolkata
Decided on: Dec-06-2013
ORDER SHEET C.A.317 of 2013 With C.P.77 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE FORTUNE FURNITECH PVT.LTD.(IN LIQUIDATION) Versus THE OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 6th December, 2013. Appearance: Mr.A.K.Sur, Adv.Mr.S.Mishra, Adv.Mr.B.Mohanty for the official liquidator The Court: The UCO Bank is represented. It is submitted that the symbolic possession in respect of the immovable property of the company (in liquidation) was obtained under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act. It is further submitted that though an order under Section 14 is obtained form the District Magistrate, Midnapur, but the actual possession has not been taken by the UCO Bank as yet. The attention of this Court was drawn to an order dated 5th June, 2013 passed by the Division Bench of this Court wherein the Official Liquidator was directed to take possession of the assets and make ...
M/S. Popat and Kotecha Property and anr. Vs. the Kolkata Municipal Cor ...
Court: Kolkata
Decided on: Dec-06-2013
ORDER SHEET WP No.847 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.POPAT & KOTECHA PROPERTY & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th December, 2013. Appearance: Mr.Arindam Banerjee, Adv.Mr.S.Sarkar, Adv.Mr.Fazhul Haque, Adv.Mr.Joyanta Mohanty, Adv.Mr.Chittaranjan Ghosh, Adv.Mr.Paritosh Sinah, Adv.Mr.Arindam Mandol, Adv.The Court: This matter was adjourned at the instance of the Corporation on the last occasion so as to enable the Corporation to produce relevant record and make submission. The learned Counsel appearing on behalf of the Corporation is unable to produce Rs.66,62,752.35. any record nor could justify the retention of The petitioner claims to be a lessee of the premises under Official Trustee of West Bengal. A property tax Bill for the year 2013-2014 was raised upon the Official Trustee of West Bengal, the recorded owner, and the said bill was issued on the basis of ann...
Bansal Cylinders and Tubes Limited Vs. Bharat Sanchar Nigam Limited an ...
Court: Kolkata
Decided on: Dec-06-2013
GA No.3537 of 2013 CS155of 2007 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE BANSAL CYLINDERS & TUBES LIMITED Versus BHARAT SANCHAR NIGAM LIMITED & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th December, 2013. For the petitioner/defendant : Mr.Arik Banerjee,Advocate Mr.S.G.Mukherjee,Advocate For the respondent : Mr.Soumabha Ghosh,Advocate The Court : - This is an application for leave to enter appearance and file written statement by the defendant. The petitioner states that the petitioner, after service of writ of summons, appointed Mr.Dhruba Mukherjee, learned Advocate to defend the case on behalf of BSNL. Since the defendant was having its office at Bangalore, the said defendant reposed all confidence on the said lawyer. However, it appears that the said Mr.Dhruba Mukherjee, instead of entering appearance in the suit, had filed Vakalatnama in the interlocutory application and did not take any steps in the suit at all. The petitioner was kept in the dark about the progress un...
M/S. Maa Tripura Sales Pvt. Ltd. (In Liquidation) Vs. Official Liquida ...
Court: Kolkata
Decided on: Dec-06-2013
ORDER SHEET C.A.129 of 2013 With C.P.453 of 2011 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE M/S.MAA TRIPURA SALES PVT.LTD.(IN LIQUIDATION) Versus OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 6th December, 2013. Appearance: Mr.Amitabh Shukla, Adv.Mr.Susanta Dutta, Adv.Ms.Ratna Das, Adv. for accused no.1 Ms.Smita Das De, Adv.Mr.Ananda Choudhury, Adv. for accused no.2 The Court: The accused no.1 intends to file affidavit-in-opposition affirmed out of time. A prayer is made for acceptance thereof upon condonation of delay. After hearing the learned counsel representing the State respondent as well as the Official Liquidator, this Court condones the delay. Let the affidavit filed by the respondent no.1 be accepted and kept on record. The copy of the affidavit has been served on the Official Liquidator in open Court today. Let the rejoinder be filed within one week after reopening of this Court after Christmas Vacation. It further appears from th...
Srei Equipments Finance Pvt. Ltd. Vs. the O and P Int. in the Vessels ...
Court: Kolkata
Decided on: Dec-06-2013
IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE GA No.3274 of 2013 GA No.1895 of 2013 GA No.2710 of 2013 AS No.5 of 2013 SREI EQUIPMENTS FINANCE PVT.LTD.Versus THE O & P INT. IN THE VESSELS M.V.KIRAN & M.V.KABIR. GA No.3275 of 2013 GA No.1519 of 2013 AS No.4 of 2013 SREI EQUIPMENTS FINANCE PVT.LTD.Versus THE O & P INT. IN THE VESSELS M.V.KAMAL- XXIV. Appearance: Mr.Ratnanko Banerjee, Adv.Mr.Satarup Banerjee, Adv.Mr.Somnath Bose, Adv.Mr.Tilok Bose, Sr.Adv...for Mumbai Port Trust. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 6th December, 2013. The Court : This is an application at the instance of the Board of Trustees for the Port of Mumbai seeking leave to intervene in the instant admiralty suit as the vessels are occupying the berth of the port. A receiver has already been appointed in the suit and a further direction for sale of the vessel has also been passed. The receiver files a report today. According to the receiver, the offers are received and the bids ar...
Ambalal Sarabhai Enterprises Limited Vs. Rajeev Daga and anr.
Court: Kolkata
Decided on: Dec-05-2013
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Acting Chief Justice Ashim Kumar Banerjee And The Honble Justice Debangsu Basak A.P.D.No.271 of 2013 C.S.No.297 of 1989 Ambalal Sarabhai Enterprises Limited versus Rajeev Daga & Anr. For the Appellant : Mr.Shyama Prasad Sarkar, Senior Advocate Mr.Swarnendu Ghosh, Advocate Mr.Pushan Kar, Advocate Mr.Deep Nath Roy Chowdhury, Advocate Ms.Tapati Chatterjee, Advocate For the Respondent : Mr.Jishnu Saha, Advocate Ms.Sulagna Mukherjee, Advocate Mr.Ashish Mukherjee, Advocate Mr.S.S.Kundu, Advocate Heard on : November 22, 26 and 27, 2013 Judgment on : December 5, 2013 ASHIM KUMAR BANERJEE, ACJ. BACKDROP: Short question involved herein as to whether the original tenant being a body corporate, incorporated under the Companies Act, 1956 could still be considered as tenant despite having merged with the transferee company by virtue of an Order of Amalgamation. The facts brought in a narrow ca...
Society of Sisters of Charity and ors. Vs. Rita Mukherjee and ors.
Court: Kolkata
Decided on: Dec-05-2013
ORDER SHEET GA No.3500 of 2013 APOT No.551 of 2013 WP No.322 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IN THE MATTER OF:THE PRESIDENT (PROVISIONAL SUPERIOR).HOLY CHILD INSTITUTE, SOCIETY OF SISTERS OF CHARITY & ORS.Versus RITA MUKHERJEE & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA AND The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 5th December, 2013. Appearance:Mr.Sanjoy Kumar Baid, Advocate, Mr.S.Sengupta, Advocate..for the appellant. Mr.Pramit Kumar Roy, Bar-at-Law, Mr.S.Ghosh, Advocate, Mr.Rajib Mullick, Advocate..for the respondent no.1 to 18. Ms.Tapati Samanta, Advocate..for the State-respondents. The Court :-This appeal has been filed from the order dated 8th October, 2013 whereby the Trial Court directed the appellants herein to implement the pay structure under ROPA2009on and from the date of its implementation. The appellants were directed to release the pay and allowance to the writ petitionersrespondent along with arrears within two months ...
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