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Kolkata Court December 2013 Judgments

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Dec 23 2013

Appellant Vs. Respondent

Court: Kolkata

Decided on: Dec-23-2013

ORDER SHEET CP No.770 OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: WILSON & ASSOCIATES PVT.LTD.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. Appearance : Ms.Saswati Ghosh Sinha, 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.20,000/- 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.20,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the company to th...


Dec 23 2013

Kolkata Municipal Corporation and ors. Vs. Sri Keshov Prasad Shaw

Court: Kolkata

Decided on: Dec-23-2013

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION (Original Side) Present: The Honble Justice Soumitra Pal. & The Honble Justice Sudip Ahluwalia. APO No.52 of 2013 with W.P.No.1718 of 2008 Kolkata Municipal Corporation & ORS.Versus Sr.Keshov Prasad Shaw For Kolkata Municipal Corporation : Mr.Ashok Banerjee, Senior Advocate, Mr.D.Chakraborty, Advocate, MRS.Sima Chakraborty, Advocate, Mr.Swapan Kumar Debnath, Advocate. For Respondents/Writ Petitioners : Mr.L.C.Bihani, Senior Advocate, Mr.Debayan Bera, Advocate, Mr.Shakti Prasad Chakraborty, Advocate Judgment on : 23rd December, 2013. Soumitra Pal, J.:This appeal is directed against the judgment delivered on 30th March, 2012 whereby the learned Single Judge following an unreported judgment delivered on 7th June, 2006 in W.P.11734 (W) of 2006 (AGW Relators PVT.Ltd.v.The Kolkata Municipal Corporation) disposed of the writ petition holding as the regular line of a street has not been given effect to or implemented for so many long y...


Dec 23 2013

Sanjay Jaiswal Vs. Bholanath Jaiswal and ors.

Court: Kolkata

Decided on: Dec-23-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO361of 2013 CS No.43 of 2001 SANJAY JAISWAL Versus BHOLANATH JAISWAL & ORS.APO362of 2013 CS No.43 of 2001 BHOLANATH JAISWAL & ORS.Versus SANJAY JAISWAL BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 23rd December, 2013. Mr.Samrat Sen, Mr.P.Sinha, Mr.K.K. Pandey for the plaintiff/appellant. Mr.Sudhir Bhattacharya for respondent nos.2 and 3. The Court : This appeal would relate to a partnership dispute. The parties are brothers by relation except the respondent no.3 who was the mother of the other parties. The respondent no.1 is admittedly out of the business, so is the respondent no.4 who separated himself from the family. The present dispute would relate to the quarrel between two brothers being the plaintiff/appellant and the defendant no.2/respondent, mother taking the side of the defendants. The respondents would contend, the parties resolved their dispute outside C...


Dec 23 2013

Sgb Oversease Private Limited Vs. the Registrar of Companies, West Ben ...

Court: Kolkata

Decided on: Dec-23-2013

ORDER SHEET CP No.816 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : SGB OVERSEASE PRIVATE LIMITED Versus THE REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. Appearance : Mr.Indrajit Chakraborty, Adv.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.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. agreeable to pay the amount. The petitioner accepts such position and is Subject to the petitioner paying a sum of Rs.36,000/- to the Registrar of Companies within a fortnight from date, the Registra...


Dec 23 2013

Crecent Vinimay Pvt. Ltd. Vs. Registrar of Companies

Court: Kolkata

Decided on: Dec-23-2013

ORDER SHEET CP No.789 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : CRECENT VINIMAY PVT.LTD.Versus REGISTRAR OF COMPANIES BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. Appearance : Mr.D.Kundu, 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.50,000/- 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.50,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of ...


Dec 23 2013

Binani Cement Ltd. Vs. Binani Energy Pvt. Ltd.

Court: Kolkata

Decided on: Dec-23-2013

CA No.433 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : BINANI CEMENT LTD.-VersusBINANI ENERGY PVT.LTD.Appearance: Mr.Ratnanko Banerjee, Adv...for the applicant. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : December 23, 2013. The Court : That a meeting of the Equity Shareholders of Binani Cement Limited (hereinafter referred to as BCL) for the purpose of considering, and, if thought fit, approving, with or without modification, the proposed Scheme of Arrangement between BCL and Binani Energy Private Limited (hereinafter referred to as the BEPL) and their respective shareholders shall be convened and held at Rotary Sadan, 94/2, Chowringhee Road, Kolkata- 700 020 on Wednesday, February 12, 2014 at 2:00 pm. That dispensation is granted for convening meeting of Equity Shareholders of BEPL as all Equity Shareholders of BEPL have given their written consent and approval to the Scheme as stated in paragraphs 11 and 12 of the Affidavit in su...


Dec 23 2013

C.S.M .Properties Pvt. Ltd. Vs. Registrar of Companies

Court: Kolkata

Decided on: Dec-23-2013

ORDER SHEET CP No.792 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE C.S.M .PROPERTIES PVT.LTD.Versus REGISTRAR OF COMPANIES BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. Appearance : Mr.Arindam Sen, 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.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 fortnight from date, the Registrar will restore the name of the company t...


Dec 23 2013

Sunil Sales and Services Private Limited Vs. the Registrar of Companie ...

Court: Kolkata

Decided on: Dec-23-2013

ORDER SHEET CP No.819 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : SUNIL SALES & SERVICES 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 co...


Dec 23 2013

Turmoil Mercantiles Private Limited Vs. the Registrar of Companies, We ...

Court: Kolkata

Decided on: Dec-23-2013

ORDER SHEET CP No.818 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: TURMOIL MERCANTILES PRIVATE LIMITED Versus THE REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 23rd December, 2013. Appearance : Mr.S.K.Mitra, Adv.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. agreeable to pay the amount. The petitioner accepts such position and is Subject to the petitioner paying a sum of Rs.44,000/- to the Registrar of Companies within a fortnight from date, the Registrar will ...


Dec 23 2013

Aditi Oil Limited Vs. Uco Bank

Court: Kolkata

Decided on: Dec-23-2013

ORDER SHEET T.A.No.135 of 2013 T. No.343 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE ADITI OIL LIMITED Versus UCO BANK BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date: 23rd December, 2013. Appearance: Mr.J.Chowdhury. Adv.Mr.S.K. Tiwary, Adv. for the petitioner The Court: Leave was granted to Mr.Jishnu Chowdhury, learned Advocate to present the plaint and move this Court application at 2 P.M.today as an unlisted motion. This was an account of the submission, he made, that the bank was about to make a publication declaring the plaintiff as a willful defaulter. An affidavit of service is on record. It shows that the bank had received service of a copy of the application on 21st December, 2013, at Burdwan. Subsequently, an email was also sent to them on behalf of the plaintiff indicating the time when this application was to be moved. None appears for the bank. There is a difference in being classified as a defaulter and willful defaulter. It has a ...


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