Kolkata Court December 2013 Judgments
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The State Trading Corporation of India Ltd. Vs. Saraf Impext Pvt. Ltd.
Court: Kolkata
Decided on: Dec-03-2013
AP No.1134 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction THE STATE TRADING CORPORATION OF INDIA LTD.Versus SARAF IMPEXT PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 3rd December, 2013. Appearance: Mr.Arik Banerjee, Adv.Ms.R.Majumdar, Adv.Mr.Kausik Chatterjee, Adv.The Court : The claim appears to be substantially admitted, inter alia, by a letter dated September 26, 2011 wherein the respondent represented to the petitioner that the respondent was trying to make substantial payment of the amount due to the petitioner. By then cheques of value of Rs.3.45 crore issued by the respondent in favour of the petitioner had been dishonoured upon presentation. Though the respondent refers to the legal notice issued on its behalf on October 1, 2012, the contents of such notice appear to be at variance with the previous letters issued by the respondent to the petitioner, including the letter of September 26, 2011 where there is an unequivocal admission of t...
Vs. Sri Madhusudan Chakrabortyrespondent No.1
Court: Kolkata
Decided on: Dec-03-2013
ORDER SHEET C.C.No.277 of 2001 W.P.No.1902 of 1996 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction (Contempt) ORIGINAL SIDE S.M.ANIRBAN ISLAM Petitioner Versus Sr.MADHUSUDAN CHAKRABORTY Respondent No.1/Contemner BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 3rd December, 2013. For Petitioner : Md.Yamin Ali, Mr.Ejaz Hussain, Advocates For Respondent No.1/Contemner : The Court : A writ petition being W.P.No.1902 of 1996 was disposed of by an order dated 1st October, 1996. The concerned respondent authority was directed to pass a reasoned order, in accordance with law, within 8(eight) weeks from the date of communication of the order dated 1st October, 1996. Subsequently, a contempt application was filed, sometime in the year 1997, which was dismissed in limine by Amitava Lala, J. on 14th June, 2001, but with an observation that if the petitioner was at all prejudiced, he could either file a subsequent writ petition or a fresh contempt application in accordance with law. ...
West Bengal Industrial Development Corporation Ltd. Vs. Winstar India ...
Court: Kolkata
Decided on: Dec-03-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side GA No.1382 of 2013 GA No.1569 of 2013 GA No.1640 of 2013 GA No .1603 of 2013 APO No.184 of 2013 With AP No.482 of 2012 WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LTD.Versus WINSTAR INDIA INVESTMENT Co.LTD.BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE AND The Hon'ble JUSTICE ASIM KUMAR MONDAL Date : December 3, 2013. Mr.Bimal Kumar Chatterjee, Mr.S.K.Kapoor, Mr.Jishnu Saha, Mr.Sanjay Ginodia, Mr.Ravi Kapoor. for the WBIDC Mr.Pratap Chatterjee, Mr.Aditya Ginodia, Mr.Sayan Roy Chowdhury. for Haldia Petrochemicals LTD.Mr.S.B. Mukherjee, Ms.Moushumi Bhattacharyya, Mr.Partha Basu. for the respondent No.1. Mr.Anindya Kumar Mitra , Mr.Siddhartha Mitra, Mr.Soumitra Datta, Mr.Ujjwal Pramanick. for the respondent no.3 The Court:-Mr.S.B.Mookherjee, learned senior advocate appearing for the respondent no.1 submits that we should wait till the decision of the Arbitration Petition No.16 of 2013 pending in the Suprem...
Dr. Shaikat Gupta Vs. the Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Dec-03-2013
ORDER SHEET WP No.1009 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DR. SHAIKAT GUPTA Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date : 3rd December, 2013. Appearance: Mr.Jayanta Mitra, Sr.Adv.Mr.Sabyasachi Chowdhury, Adv.Mr.S.Singhvi, Adv.Ms.Sananda Ganguli, Adv.Ms.Sharmistha Roy Chowdhury, Adv.for the petitioneRs.Mr.Barin Banerjee, Adv.Mr.Swapan Kr. Debnath, Adv.Ms.Suvasree Ghose, Adv.for K.M.C.respondent Nos.1 & 3 Mr.L.C.Behani, Sr.Adv.Mr.Kalyan Bandhopadhyay, Adv.Mr.Probal Mukherjee, Adv.Mr.S.Banerjee, Adv.Mr.K.Dutta, Adv.Mr.J.Mukherjee, Adv.Mr.N.C.Behani, Adv.for respondent no.4 Mr.Ashis Sanyal, Adv.Mr.Arindam Banerjee, Adv.Mr.Debjit Mukherjee, Adv.Mr.A.N.Mukherjee, Adv.for respondent no.6 The Court : By filing this writ petition dated 26th September, 2013, the petitioner, who is the owner of an apartment in the building called Rajhans, has prayed for the following relief: a) A Writ of and/or in...
Thoudam Tombi Singh Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Dec-03-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Dipankar Datta W.P. No.1074 of 2010 Thoudam Tombi Singh vs. United Bank of India & ors. For the petitioners : Mr. Sudeep Sanyal, Advocate Mr. Sukanta Das, Advocate Ms. Lopamudra Moitra, Advocate For the Bank : Mr. R. N. Majumder, Advocate Mr. Sourav Chakraborty, Advocate Mr. Supratim Bhattacharya, Advocate Heard on: November 12 & 26, 2013 Judgment on: December 3, 2013 1. The petitioner is a retired employee of the respondent No.1 Bank (hereafter the Bank). While being posted at the Singjamai Branch of the Bank, the petitioner was placed under suspension vide office order dated March 18, 1988 for his involvement in a criminal case initiated by the Central Bureau of Investigation. The petitioner was being tried for commission of offence punishable under Sections 420, 467 and 471 of the Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act, 1947 read with Sectio...
Manojendra Chakraborty @ Manojendralal Chakraborty Vs. the State of We ...
Court: Kolkata
Decided on: Dec-03-2013
ORDER SHEET WP No.1149 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANOJENDRA CHAKRABORTY @ MANOJENDRALAL CHAKRABORTY Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date : 3rd December, 2013. Appearance: Mr.Niladri Bhattacharjee, Adv.The Court : The petitioner was an employee of The Calcutta Tramways Company (1978) LTD.(hereafter the Company).He has retired from service on attaining the age of superannuation on 28.02.2013. He is aggrieved because certain retiral dues are yet to be paid to him by the Company. It appears that the petitioner has addressed a representation to the Managing Director of the Company dated 08.03.2013 claiming the unpaid benefits, which is yet to be decided. I am of the view that the Managing Director must look into such representation and decide the question of payment of admissible unpaid dues to the petitioner upon granting him opportunity of hearing. It is ordered accordingly. 2 Let t...
Rashmi Bubna Vs. Indrapuri Studios Private Ltd. and ors.
Court: Kolkata
Decided on: Dec-03-2013
ORDER SHEET GA NO.2137 OF2013CS NO.416 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RASHMI BUBNA Versus INDRAPURI STUDIOS PRIVATE LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd December, 2013. APPEARANCE: MR.PRATAP CHATTERJEE, Sr.ADVOCATE, MR.R.BANERJI, MR.A.BAJORIA, MR.S.GHOSH, ADVOCATES MR.S.N.MITRA,SR.ADVOCATE, MR.D.K.JAIN, MR.A.ROY, MRS.V.BHATIA, MR.G.P.SHAW,ADVOCATES FOR DEFENDANT Nos.5,6 AND7The Court : An interim order was passed by this Court on 21st March, 2013 in the application (G.A.No.3366 of 2012 connected with C.S.No.416 of 2012) on inter alia the following terMs. (a) Since the rent earned by the company is Rs.8 to 9 lacs per month, I think not more than Rs.30 lacs should be used from the above amount of Rs.4.76 crores for the purpose of maintenance. This sum is proportionate to the interest and rent received; (b) The rest of the amount Rs.4.46 crores approximately should be reinvested with the same bank on similar te...
Jeewanlal(1929) Ltd. Vs. Syndicate Bank
Court: Kolkata
Decided on: Dec-03-2013
ORDER SHEET CS No.241 of 2000 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JEEWANLAL(1929) LTD.Versus SYNDICATE BANK BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 3rd December, 2013. Appearance: Mr.Dhruba Ghosh, Adv.Mr.Sayantan Basu, Adv.Mr.Joydeb Ghorai, Adv.For the plaintiff. Mr.Maloy Ghosh, Adv.Mr.Kallol Basu, Adv.Mr.H.L.Shukla, Adv.Mr.Proshit Deb, Adv.For the defendant. The Court :- The claim in the suit is on the basis of wrongful possession of the suit property by the defendant bank consequent upon expiry of the lease on March 30, 2000. It is alleged that on and from April 1, 2000, the bank was in wrongful possession until September, 2008 when the bank surrendered possession to the defendant. The bank under the lease agreement was paying rent at the rate of Rs.11/- per sq. ft. Thereafter during the pendency of this proceeding on the basis of an order passed by this Court the bank had paid rent at the rate of Rs.20/- per sq. ft. until possession...
Smt. Jayasree Basu Mallik, Vs. Smt. Chitra Basu Mallick and anr.
Court: Kolkata
Decided on: Dec-03-2013
ORDER SHEET TS No.2 of 2001 With PLA No.225 of 1999 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE IN THE GOODS OF: ARUNA MALLIK(DECEASED) And SMT. JAYASREE BASU MALLIK, VERSUS SMT. CHITRA BASU MALLICK & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 3rd December, 2013. Appearance: Mr.Debmalya Ghosal, Adv.Mr.Sarosij Dasgupta, Adv.Mr.S.C.Bose, Adv.For the Propounder. Mr.Susanta Pal, Adv.Mr.Bijoy Sankar, Adv.For the defendadnts. The Court:- Mr.Debmalya Ghosal, learned Advocate appearing for the propounder, submits that the other attesting witness is unable to attend Court due to severe back pain and it would be just and convenient if the attesting witness is examined on commission at his residence de bene esse. Mr.Susanta Pal, learned Advocate for the defendants, does not oppose the said prayer. Accordingly, Mr.P.N. Dutta, Senior Advocate, is appointed as Commissioner for the purpose of recording evidence of Mr.Prabir Chandra Bose at his residence a...
M/S. Spml Infra Ltd. Vs. National thermal Power Corporation Ltd.
Court: Kolkata
Decided on: Dec-03-2013
ORDER SHEET TA NO.111OF2013CS NO.402 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.SPML INFRA LTD.Versus NATIONAL THERMAL POWER CORPORATION LTD.& ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd December, 2013. APPEARANCE: MR.AHIN CHOWDHURY, SR.ADVOCATE, MR.AVRAJIT RAY, MR.PRITHWIRAJ SINHA, MR.A.RAY, ADVOCATES FOR PETITIONER MR.JAYANTA KR.MITRA, SR.ADVOCATE, MR.TILAK BOSE SR.ADVOCATE MR.B.BHATTACHARYYA, MR.S.BHATTACHARYYA, MR.U.K.MONDAL,ADVOCATES SFOR NTPC LTD.The Court : Mr.Ahin Chowdhury, learned senior advocate for the plaintiff/petitioner relied on the records of discussion between the parties on 25th July, 2013. This is Annexure-A at page 7 of the supplementary affidavit, which I permitted the plaintiff/petitioner to file today. Copies of the same have been circulated to the defendants. It was agreed between the parties in the meeting that the defendants would not invoke the bank guarantee in question. Such assurance had also been...
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