Kolkata Court December 2013 Judgments
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Js Packaging Pvt. Ltd. Vs. the Registrar of Companies, West Bengal
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET CP No.832 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE J.PACKAGING PVT.LTD.Versus THE REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. Appearance : Ms.Sima Adhikari, Adv.for ROC. The Court: The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.36,000/- on account of filing fees, additional fees and penalty would be the due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.36,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the c...
Naitik Vinimay Pvt. Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Dec-23-2013
ORDER GA2674GA2675CUSTA3SHEET OF2013OF2013OF2013IN THE HIGH COURT AT CALCUTTA Civil Appellate/ Jurisdiction ORIGINAL SIDE NAITIK VINIMAY PVT.LTD.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 23rd December, 2013. Mr.A.K.Choudhury, Adv.appeaRs.Mr.S.B.Saraf, Adv.with Mr.T.M.Siddiqui, Adv.appeaRs.The Court : Being satisfied with the grounds made out in the petition, the delay in preferring the appeal is condoned. The appeal is taken up for hearing. On June 4, 2012, the original order was passed. the said order, the assessee preferred an appeal. Aggrieved by During the pendency of the said appeal, the Department applied for review of the original order. The application for review was dismissed on September 21, 2010. The appeal itself was disposed of on October 27, 2010. the After disposal of appeal, the application for review was dismissed on the ground that- I have to further note that with the passing of this...
Srei Equipment Finance Ltd Vs. M/S. Netwings Technologies Pvt. Ltd.
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET GA No.3692 of 2013 APOT No.570 of 2013 with AP No.999 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction SREI EQUIPMENT FINANCE LTD Versus M/S.NETWINGS TECHNOLOGIES PVT.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 23rd December, 2013. Mr.Utpal Bose, Mr.Kaushik Chatterjee, Ms.Ruby Jaiswal for the appellant. The Court : This litigation would relate to financial support given by the appellant to the respondent in exchange of hypothecation of assets which are intellectual property in nature. The respondent defaulted in making payment of instalments as decreed. In this backdrop, the learned Judge appointed a Receiver to make inventory and pass order of injunction restraining the respondent from using the hypothecated equipment. The Receiver went to take possession. However, from the report we find, she was given a cold reception. At this juncture the learned Judge should not have disposed of the application under ...
A.M. Industries Limitd Vs. Life Insurance Corporation of India and ors ...
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET APO335OF2012CS. 286 OF1960IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.M.INDUSTRIES LIMITD Versus LIFE INSURANCE CORPORATION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 23rd December, 2013. Appearance : Mr.Samit Talukdar, Adv..for the appellant. Mr.Ujjal Dutta, Adv.for Respondent No.4,5 & 6 Mr.Amitabha Sarkar, Adv.for LICI. The Court : The New Theatre Studio was abandoned long back. studio. Life Insurance Corporation of India had a claim against the Since they could not pay LICI instituted a suit for recovery of their dues under an equitable mortgage. LICI filed the suit in 1960 and attached the property in question. In 1967 this Court passed a preliminary decree that became final vide decree dated June 1, 1972. appointed Receivers to Receivers could not do. In 1981 the learned Single Judge remove the illegal occupants that the Hence, the Receivers decided to sell the property on as is w...
Sreejit Kumar Tagore Vs. Radha Kishen Bhatter and ors.
Court: Kolkata
Decided on: Dec-23-2013
ORDER CS No.229 of 2004 GA No.3874 of 2007 GA No.724 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREEJIT KUMAR TAGORE Versus RADHA KISHEN BHATTER & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 23rd December 2013. Appearance: Mr.Pramit Kumar Ray, Advocate ...for the plaintiff. Mr.Pradip Kumar Dutt, Senior Advocate ...for defendant No.11. Mr.Tapas Banerjee, Advocate ...for defendant No.6. Court: Although a peremptory order for discovery was passed on 16th May 2006, an application (GA No.3874 of 2007) was taken out by the defendant No.6 after more than a year on grounds bordering suspicion as to the genuineness of the averments made in the said petition seeking extension of time to disclose the documents, however, in view of the fact that the suit has not progressed much over this period of time and no serious prejudice would be caused to the plaintiff in the event the defendant is allowed to disclose the documents and contest the suit, more so having re...
Swastidipa Rice Mill Pvt. Ltd. Vs. Icici Bank Ltd.
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET T.A.No.137 of 2013 T. No.344 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SWASTIDIPA RICE MILL PVT.LTD.Versus ICICI BANK LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date: 23rd December, 2013. Appearance: Mr.A.K.Chatterjee, Sr.Adv. for the petitioner The Court: Leave was granted to Mr.A.K. Chatterjee, learned Senior Advocate to present the plaint and move this Court application at 2 P.M.today as an unlisted motion. This was for the reason that the plaintiff apprehended that the defendant bank would declare them a defaulter for the December 2013 instalment under Clause F of the agreement between the parties dated 19th October, 2013 being annexure F at page 127 of the petition. Mr.A.K. Chatterjee submits that his Advocate-on-Record undertakes to file an affidavit of service by 24th December, 2013. He states that the defendant bank has been served. The prima facie case of the plaintiff is that it has made payment of the fiRs.instalment...
Msc Mediterranean Shipping Company S.A. and anr. Vs. State Trading Cor ...
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA3457OF2013WITH CS406of 2013 Ms.MEDITERRANEAN SHIPPING COMPANY S.A.& ANR. Versus STATE TRADING CORPROATION OF INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 23rd December, 2013. Mr.Reetobroto Mitra, Advocate Mr.S.Roy, Advocate for petitioners Mr.D.Ganguly, Advocate for defendant 3 Mr.Shekhar B.Saraf, Advocate Mr.K.K.Maity, Advocate for Customs Mr.Utpal Bosek, Advocate Mr.P.K.Jhunjhunwala, Advocate appears Mr.A.Mitra, Advocate Mr.J.Chowdhury, Advocate Mr.S.Mukherjee, Advocate Mr.A.Agarwalla, Advocate for respondent 3. Mr.Amit Banerjee, Advocate ..for respondent 1. The Court :- Mr.Utpal Bose for Balmer Lawrie & Co.LTD.hands up to this Court a table of their charges. They claim Rs.19,81,500.00 as 75 days rent for the container freight station. They also claim handling charges of Rs.9,19,500.00 @Rs.6130/- per container for 150 containeRs.Adding taxes etc.to that, they claim an a...
Sudhindranath Bhattacharjee Vs. Registrar of Comapanies and ors.
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET CP No.788 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE SUDHINDRANATH BHATTACHARJEE Versus REGISTRAR OF COMAPANIES & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. Appearance : Mr.Kamal Ksirhna Pathak, Adv.Mr.Souvik Maji, Adv.Mr.K.Lal, Adv.for respondent Nos.3 & 4. The Court : The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 (6) of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.24,000/- on account of filing fees, additional fees and penalty would be the due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.24,000/- to the Registrar of Companies within a fort...
Yucca Merchants Private Limited Vs. the Registrar of Companies, West B ...
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET CP No.817 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : YUCCA MERCHANTS PRIVATE LIMITED Versus THE REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. The Court : The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 (6) of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.44,000/- on account of filing fees, additional fees and penalty would be the due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.44,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the company t...
Tulip Vypaar Pvt Ltd Vs. Rgistrar of Companies
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET CP No.830 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE TULIP VYPAAR PVT LTD Versus RGISTRAR OF COMPANIES BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. Appearance : Mr.Chittapriya Ghosh, Adv.for ROC. The Court : The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 (6) of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.40,000/- on account of filing fees, additional fees and penalty would be the due from the company to the Central Government if the statutory records not filed earlier were to be filed now. agreeable to pay the amount. The petitioner accepts such position and is Subject to the petitioner paying a sum of Rs.40,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the company t...
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